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88105204
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1988
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88105204
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Last modified
3/9/2007 5:41:42 PM
Creation date
3/9/2007 4:41:23 AM
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DEEDS
Inst Number
88105204
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<br />88- 105201 <br /> <br />collect the rents, issues and profits thereof, including those past due and <br />unpaid, and apply the same, less costs and expenses of operation and <br />collection including attorneys' fees, upon any indebtedness secured hereby, <br />all in such order as Beneficiary may determine. The entering upon and taking <br />possession of the Trust Estate, the collection of such rents, issues and <br />profits and the application therecf as aforesaid, shall not cure or waive any <br />default or notice of default hereunder or invalidate any act done in response <br />to such default or pursuant to such notice of default and, notwithstanding the <br />continuance i n possession of the Trust Estate or the collection, receipt and <br />application of rents, issues Or profits, Trustee or Beneficiary shall be <br />entitled to exercise every right provided for in any of the Loan Instruments <br />or by law upon occurrence of any event cf default, including the right to <br />exercise the power of sale; <br /> <br />(ii) Commence an action to foreclose this Deed of Trust as a <br />mortgage, appoint a receiver, or specifically enforce any of the covenants <br />hereof; <br /> <br />(iii) Deliver to Trustee a written declaration of default and demand <br />for sale, and a written notice of default and election to cause Trustor's <br />interest in the Trust Estate to be sold, which notice Trustee shall cause to <br />be duly filed for record in the appropriate Official Records of the County in <br />which the Trust Estate is located. <br /> <br />11, FORECLOSURE BY POWER OF SALE, Should Beneficiary elect to <br />foreclose by exercise of the Power of Sale herein contained, Beneficiary shall <br />notify Trustee and shall deposit with Trustee this Deed of Trust and the Note <br />and such receipts and evidence of expenditures made and secured hereby as <br />Trustee may require. <br /> <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall <br />cause to be recorded, published and delivered to Trustor such Notice of <br />Default and Notice of Sale as then required by law and by this Deed of Trust. <br />Trustee shall, without demand on Trustor, after such time as may then be <br />required by law and after recordation of such Notice of Default and after <br />Notice of Sale having been given as required by law, sell the Trust Estate at <br />the time and place of sale fixed by it in such Notice of Sale, and in such <br />order as it may determine, at public auction to the highest bidder for cash in <br />lawful money of the United States payable at the time of sale. Trustee shall <br />deliver to such purchaser or purchasers thereof its good and sufficient deed <br />of deeds conveying the property so sold, but without any covenant or warranty, <br />express or implied, The recitals in such deed of any matters or facts shall <br />be conclusive proof of the truthfulness thereof. Any person, including, <br />without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale <br />and Trustor hereby covenants to warrant and defend the title of such purchaser <br />or purchasers, <br /> <br />(b) As may be permitted by law, after deducting all costs, fees and <br />expenses of Trustee and of this Trust, including costs of evidence of title in <br />
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