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200800353
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1/15/2008 3:05:29 PM
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1/15/2008 3:05:29 PM
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DEEDS
Inst Number
200800353
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<br />200800353 <br /> <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's <br />deed conveying the property sold. Recitals in the Trustee's Deed shall be prima facia evidence of <br />the truth of the statements made therein. Trustee shall apply the proceeds ofthe sale in the following <br />order: <br /> <br />a. To all reasonable costs and expenses of the sale, including, but not limited to, <br />Trustee's fees of not more than 1% of the gross sale price, reasonable <br />attorney fees and costs of title evidence; <br /> <br />b. To all sums secured by this Deed of Trust; and, <br /> <br />c. The excess, if any, to the person or persons legally entitled thereto <br /> <br />Any person, including Beneficiary, may purchase said property at said sale. <br /> <br />11. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be entitled <br />to enforce payment and performance of any indebtedness or obligation secured hereby and to <br />exercise all rights and powers under this Deed of Trust or under any loan instrument or other <br />agreement or any laws nor or hereafter enforced, notwithstanding some or all of the indebtedness and <br />obligations secured hereby which may now or hereafter be otherwise secured, whether by mortgage, <br />deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor <br />its enforcement, whether by Court action or pursuant to the power of sale or other powers herein <br />contained, shall prejudice or in any manner affect Trustee's or Beneficiary's right to realize upon or <br />enforce any other security now or hereafter held by Trustee or Beneficiary, it being agreed that <br />Trustee and Beneficiary, and each ofthem, shall be entitled to enforce this Deed of Trust and any <br />other security now or hereafter held by the Beneficiary or Trustee in such order and manner as they, <br />or either of them, may, in their absolute discretion, determine. No remedy herein conferred upon or <br />reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law <br />provided or permitted, but each shall be cumulative and shall be in addition to every other remedy <br />given hereunder or now or hereafter existing at law or in equity or by Statute. Every power or <br />remedy given by any of the loan instruments to Trustee or Beneficiary or to which either of them <br />may be otherwise entitled may be exercised, concurrently or independently, from time to time and <br />as often as may be deemed expedient by Trustee or Beneficiary, and either of them may pursue <br />inconsistent remedies. Nothing herein shall be construed as prohibiting Beneficiary from seeking <br />a deficiency judgment against Trustor to the extent such action is permitted by law. <br /> <br />12. Request for Notice. Trustor hereby requests a copy of any notice of default and that any <br />notice of sale hereunder be mailed to Trustor at the address set forth in the first paragraph of this <br />Deed of Trust. <br /> <br />5 <br />
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