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86106807
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86106807
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Last modified
10/18/2011 9:28:24 PM
Creation date
3/31/2008 3:35:57 PM
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DEEDS
Inst Number
86106807
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86-- 106807 <br />cause Trustoe's interest in the Trust Estate to be sold, which <br />notice Trustee shall cause to be duly filed for record in the <br />appropriate Official Records of the County in which the Trust <br />Estate is located. <br />11. FORECLOSURE BY POWER OF SALE. Should Beneficiary elect <br />to foreclose by exercise of the Power of Sale herein contained, <br />Beneficiary shall notify Trustee and shall deposit with Trustee <br />this Trust Deed and the Note and such receipts and evidence of <br />expenditures made and secured hereby as Trustee may require. <br />a. Upon receipt of such notice from Beneficiary, Trustee <br />shall cause to be recorded, published and delivered to Trustor <br />such Notice of Default and Notice of Sale as then required by law <br />and by this Trust Deed. Trustee shall, without demand on <br />Trustor, after such time as may then be required by law, sell the <br />Trust Estate.at the time and place of sale fixed by trustee in <br />such Notice of Sale, either as a whole, or in separate lots or <br />parcels or items as Trustee shall deem expedient, and in such <br />order as trustee may determine, at public auction to the highest <br />bidder for cash in lawful money of the United States payable at <br />the time of sale. Trustee shall deliver to such purchaser or <br />purchasers thereof its good and sufficient deed or deeds <br />conveying the property so sold, but without any covenant or <br />warranty, express or implied. The recitals in such deed of any <br />matters or facts shall be conclusive proof of the truthfulness <br />thereof. Any person, including, without limitation, Trustor, <br />Trustee and Beneficiary, may purchase at such sale and Trustor <br />hereby convenants to warrant and defend the title of such <br />purchaser or purchasers. <br />b. As may be permitted by law, after deducting all costs, <br />fees and expenses of Trustee and of this Trust, including costs <br />of evidence of title in connection with sale, Trustee shall apply <br />the proceeds of sale to payment of (i) all sums expended under <br />the terms hereof, not then repaid, with accrued interest at 14 <br />percent (148) per annum, (ii) all other sums then secured hereby, <br />and (iii) the remainder, if any, to the person or persons legally <br />entitled thereto. <br />c. Trustee may in the manner provided by law, postpone sale <br />of all or any portion of the Trust Estate. <br />12. REMEDIES NOT EXCLUSIVE. Trustee and Beneficiary, and <br />each of them, shall be entitled to enforce payment and <br />performance of any indebtedness or obligations secured hereby and <br />to exercise all rights and powers under this Trust Deed or under <br />any Loan Instrument or other agreement or any laws now or <br />hereafter in force, notwithstanding that some or all of such <br />indebtedness and obligations secured hereby may now or hereafter <br />be otherwise secured, whether by mortgage, deed of trust, pledge, <br />lien, assignment or otherwise. Neither the acceptance of this <br />Trust Deed nor its enforcement whether by court action or <br />pursuant to the power of sale or other powers herein contained, <br />shall prejudice or in any manner affect Trustee's or <br />Beneficiary's right to enforce any other security now or <br />hereafter held by Trustee or Beneficiary, it being agreed that <br />Trustee and Beneficiary, and each of them, shall be entitled to <br />enforce this Trust Deed and any other security now or hereafter <br />held by Beneficiary or Trustee in such order and manner as they <br />or either of them may in their absolute discretion determine. No <br />remedy herein conferred upon or reserved to Trustee or <br />Beneficiary is intended to be exclusive of any other remedy <br />herein or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given <br />hereunder or now or hereafter existing at law or in equity or by <br />statute. Every power or remedy given by any of the Loan <br />Instruments to Trustee or Beneficiary or to which either of them <br />may be otherwise entitled, may be exercised, concurrently or <br />independently, from time to time and as often as may be deemed <br />expedient by Trustee or Beneficiary and either of them may pursue <br />inconsistent remedies. Nothing herein shall be construed as <br />4 <br />
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