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200704125
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200704125
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Last modified
5/22/2007 10:49:45 AM
Creation date
5/22/2007 10:49:43 AM
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DEEDS
Inst Number
200704125
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<br />200704125 <br /> <br />shall have no right to direct the order in which the Trust Property is sold. <br />Beneficiary may, in its sole discretion, designate the order in which the Trust <br />Property shall be offered for sale or sold and determine if the Trust Property shall <br />be sold in a single sale or in two or more successive sales or in any other manner <br />Beneficiary deems to be in its best interests. If Beneficiary determines that the <br />Trust Property shall be sold in two (2) or more sales, Beneficiary may, at its <br />option, cause such sales to be conducted simultaneously or successively on the <br />same day or on different days and times and in such order as Beneficiary shall <br />determine, and no such sale shall extinguish or otherwise affect the lien of this <br />Deed of Trust or any part of the Trust Property not then sold until all indebtedness <br />secured hereby has been fully paid. Grantor shall pay the costs and expenses of <br />each such sale and any judicial proceeding in which any such sale may be made. <br />Trustee shall deliver to such purchaser its deed conveying the portion of the Trust <br />Property so sold, but without any covenant or warranty, express or implied. The <br />recitals in such deed of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. Any Person, including Beneficiary, may purchase at such <br />sale. <br /> <br />20.3. After deducting all costs, fees and expenses of Trustee and of the <br />sale, including costs of evidence of title in connection with the sale, Trustee shall <br />apply the proceeds of sale first to payment of all sums expended under the terms <br />hereof, not then repaid, with accrued interest at the default rate of interest <br />specified in the Note (or, if no default rate is specified, at the highest rate then in <br />effect under the Note), next to all other sums then secured hereby, and the <br />remainder, if any, to the Person or Persons legally entitled thereto. <br /> <br />20.4. Trustee may postpone the sale of all or any portion of the Trust <br />Property by public announcement at the time and place first fixed for sale, and <br />from time to time thereafter may postpone such sale by public announcement at <br />the time and place fixed by the preceding postponement, and without further <br />notice make such sale at the time fixed by the last postponement, or may, in its <br />discretion, give a new notice of sale. <br /> <br />20.5. Upon any sale pursuant to this Article, Grantor shall be completely <br />and irrevocably divested, to the maximum extent permitted by Legal <br />Requirements, of all its right, title, interest, claims and demands at law or in <br />equity in and to the Trust Property sold or any part thereof, and such sale shall be <br />a perpetual bar both at law and in equity against Grantor and any and all other <br />persons claiming any such right, title, interest, claims or demands by, through or <br />under Grantor. <br /> <br />21. Concerning the Trustee. Trustee shall be under no duty to take any action hereunder <br />except as expressly required hereunder or by law, or to perform any act which would involve <br />Trustee in any expense or liability or to institute or defend any suit in respect hereof, unless <br />properly indemnified to Trustee's reasonable satisfaction. Trustee, by acceptance of this Deed of <br />Trust, covenants to perform and fulfill the trusts herein created, being liable, however, only for <br />willful negligence or misconduct, and hereby waives any statutory fee and agrees to accept <br /> <br />14 <br />
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