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86106927
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86106927
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Last modified
10/18/2011 9:46:29 PM
Creation date
3/31/2008 3:39:01 PM
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DEEDS
Inst Number
86106927
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86- 106927 <br />(f) Upon the completion of any sale or sales made by the <br />Trustee under or by virtue of this Section, the Trustee shall <br />execute and deliver to the accepted purchaser or purchasers a good <br />and sufficient instrument, or good and sufficient instruments, <br />conveying, assigning and transferring all estate, right, title and interest in and to the property and rights sold, but without any <br />covenant or warranty, express or implied. The recitals in such <br />deed of any mattere or facts shall be conclusive ;proof of the <br />truthfulness thereof. Any such sale or sales made under or by <br />virtue of this section under the power of sale herein _granted <br />shall operate to divest all the estate, right, title, interest, <br />claim and demand whatsoever, whether at law or in equity, of the <br />Trustor in and to the properties and rights so sold, and shall be <br />perpetual bar both at law and in equity against the Trustor and <br />against any and all persons claiming or who may claim the same, or <br />any par thereof from, through or under the Trustor. <br />(g) In the event of any sale made under or by virtue of <br />this Section, whether made under the power of sale herein granted <br />or under or by virtue of judicial proceedings or of a judgment or <br />decree of foreclosure and sale, the entire Indebtedness, if not <br />previously due and payable, and all other sums required to be paid <br />by Trustor pursuant to this Deed of Trust, immediately thereupon <br />shall, anything in Credit Agreement, any Notes or in this Deed of <br />Trust to the contrary notwithstanding, become due and payable. <br />(h) The purchase money, proceeds or avails of any sale <br />made under or by virtue of this Section, together with any other <br />sums which then may be held by the Trustee of Beneficiary under <br />this Deed of Trust whether under the provisions of this Section or <br />otherwise, shall be applied as follows: <br />First: To the payment of the costs and expenses of such <br />sale, including reasonable compensation to the Trustee, its agents <br />and counsel, and of any judicial proceedings wherein the same may <br />be made, and of all expenses, liabilities and advances made or <br />incurred by the Trustee or Beneficiary under this Deed of Trust <br />together with interest at the rate provided in the Credit <br />Agreement on all advances made by the Beneficiary and all taxes or <br />assessments, except any taxes, assessments or other charges <br />subject to which the Premises shall have been sold. <br />Second: To the payment of the whole amount then due, owing <br />or unpaid indebtedness secured by Senior Liens, and upon the <br />Indebtedness; and further to the payment of advance made by <br />Beneficiary to retire said indebtedness because of Beneficiary's <br />subrogation to the rights of the holders of Senior Liens. <br />Third: To the payment of any other sums required to be <br />paid by the Trustor pursuant to any provisions of this Deed of <br />Trust, the Credit Agreement or any Notes. <br />-17- <br />l.J <br />iM- <br />
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