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87101598
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Last modified
10/19/2011 3:57:40 AM
Creation date
3/27/2008 2:04:02 PM
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DEEDS
Inst Number
87101598
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7- 101593 <br />of Trust or under any other agreement executed in connection <br />herewith or any laws now or hereafter in force, notwithstanding <br />some or all of the such indebtedness and obligations secured <br />hereby may now or hereafter be otherwise secured, whether by <br />mortgage, deed of trust, pledge, lien, assignment or otherwise. <br />Neither the acceptance of this Deed of Trust nor its enforcement <br />whether by court action or pursuant to the power of sale or <br />other powers herein contained, shall prejudice or in any <br />manner affect Trustee's or Beneficiary's right to realize <br />upon or enforce any other security now or hereafter held by <br />Trustee or Beneficiary, it being agreed that Trustee and <br />Beneficiary, and each of them, shall be entitled to enforce <br />this Deed of Trust and any other security now or hereafter <br />held by Beneficiary or Trustee in such order and manner as <br />they or either of them may in their absolute discretion <br />determine. No remedy herein conferred upon or reserved to <br />Trustee or Beneficiary is intended to be exclusive of any <br />other remedy herein or by law provided or permitted, but' <br />each shall be cumulative and shall be in addition to every <br />other remedy given hereunder or now or hereafter existing at <br />law or in equity or by statute. Every power or remedy <br />provided hereunder this Deed of Trust to Trustee or Beneficiary <br />or to which either of them may be otherwise entitled, may be <br />exercised, concurrently or independently, from time to time <br />and as often as may be deemed expedient by Trustee or Beneficiary <br />and either of them may pursue inconsistent remedies. 'Nothing <br />herein shall be construed as prohibiting Beneficiary from <br />seeking a deficiency judgment against the Trustor to the <br />extent such action is permitted by law. <br />11. Transfer of the Property; Assumption. If all or <br />any part of the Property or any interest therein is sold, <br />transferred or conveyed by Trustor without Beneficiary's <br />prior written consent, excluding (a) the creation of a lien <br />of encumbrance subordinate to this Deed of Trust, (b) the <br />creation of a purchase money security interest for household <br />appliances, (c) a transfer by devise, descent or by operation <br />of law upon the death of a joint tenant or (d) the grant of <br />any leasehold interest of one (1) year or less not containing <br />an option to purchase, Beneficiary may, at Beneficiary's <br />option, declare all the sums secured by this Deed of Trust <br />to be immediately due and payable, or cause the Trustee to <br />file a notice of default. <br />12. Acceleration upon Default; Remedies; Sale. Upon <br />default by Trustor in the payment of or performance of the <br />terms and conditions of the Note, or any renewals, modifications <br />or extensions thereof, or the payment of any other indebtedness <br />secured hereby or in the performance of any of the covenants <br />or agreements hereunder, Beneficiary may declare all sums <br />secured hereby immediately due and payable and the same <br />shall thereupon become due and payable without presentment, <br />demand, protest or notice of any kind. Thereafter, Beneficiary <br />may deliver to Trustee a written declaration of default and <br />demand for sale. TRUSTEE SHALL HAVE THE POWER OF SALE OF <br />THE PROPERTY and if Beneficiary decides the Property is to <br />be sold it shall deposit with Trustee this Deed of Trust and <br />the Note or notes and any other documents evidencing expenditures <br />secured hereby, and shall deliver to Trustee a written <br />notice of default and election to cause the Property to be <br />sold, and Trustee, in turn, shall prepare a similar notice <br />in the form required by law which shall be duly filed for <br />record by Trustee. <br />(a) After the lapse of such time as may be required <br />by law following the recordation of Notice of Default, and <br />Notice of Default and Notice of Sale having been given as <br />required by law, Trustee, without demand on Trustor, shall <br />sell the Property in one or more parcels and in such order <br />as Trustee may determine on the date and at the time and <br />place designated in said Notice of Sale, at public auction <br />-5- <br />:m <br />) <br />
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