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86107516
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Last modified
10/18/2011 10:52:21 PM
Creation date
3/31/2008 3:51:09 PM
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DEEDS
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86107516
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i <br />ss— io75 -16 <br />incurred, which Trustee's Fees shall not in the aggregate <br />exceed the following amounts based upon the amount secured <br />herehy and remaining unpaid: 5% on the first $1,000 thereof; <br />.058 on the balance thereof; and then to the items in <br />subparagraph (c) hereof in the order therein stated. <br />(c) After paying the items specified in subparagraph <br />(b), if the sale is by Trustee, or the proper court and other <br />costs of foreclosure and sale if the sale is pursuant to <br />judicial foreclosure, the proceeds of sale shall be applied <br />in the order stated below to the payment of: <br />(1) Cost of any evidence of title procured in <br />connection with such sale and of any revenue required to be <br />paid; <br />(2) All sums thpn secured hereby; <br />(3) The remainder, if any, to the person legally <br />entitled thereto. <br />3.05. Uniform Commercial Code. Should Beneficiary elect to <br />cause the disposal of any of the Property subject to the Security <br />Agreement in Paragraph 1.07, it may dispose of any part thereof <br />in any manner now of hereafter permitted by the Uniform <br />Commercial Code of the Governing Jurisdiction or in accordance <br />with any other remedy provided by law. Any such disposition may <br />be conducted by an employee or agent of Beneficiary or Trustee. <br />Both Trustor and Beneficiary shall be eligible to purchase any <br />part or all of such Property at any such disposition. Any such <br />disposition may be either public or private as Beneficiary may <br />elect, subject to the provisions of the Uniform Commercial Code <br />of the Governing Jurisdiction. Beneficiary shall have all of the <br />rights and remedies of a Secured Party under the Uniform <br />Commercial Code of the Governing Jurisdiction. Expenses of <br />retaking, holding, preparing for sale, selling or the like shall <br />include Beneficiary's reasonable attorneys' fees and legal <br />expenses, and upon such default. Trustor, upon demand of <br />Beneficiary, shall assemble such Property and make it available <br />to Beneficiary at the Premises, a place which is hereby deemed <br />reasonably convenient to Beneficiary and Trustor. Beneficiary <br />shall give Trustor at least ten (10) days' prior written notice <br />of the time and place of any public sale or other disposition of <br />such Property or of the time at or after which any private sale <br />or any other intended disposition is to be made, and if such <br />notice is sent to Trustor, in the manner provided for the mailing <br />of notices herein, it shall constitute reasonable notice to <br />Trustor. Out of the proceeds of any sale, the Beneficiary may <br />retain an amount equal to the principal and interest then due on <br />the Note, plus the amount of the expenses of the sale, and .hall <br />pay any balance of such proceeds to the Trustor. In the event <br />that the proceeds of any sale are insufficient to cover the <br />principal and interest of the Note plus expenses of the sale, the <br />Trustor shall remain liable to the Beneficiary for any <br />deficiency. <br />3.O6. Execute Documents. Upon the completion of any sale or <br />sales made by Trustee or Beneficiary, as the case may be, under <br />or by virtue of this Article III, Trustee or any officer of any <br />court empowered to do so, shall execute and deliver to the <br />accepted purchaser or purchasers a good and sufficient <br />instrument, or good and sufficient instruments, conveying, <br />assigning and transferring all estate, right, title and interest <br />in and to the Property and rights sold. Trustee is hereby <br />irrevocably appointed the true and lawful attorney -in -fact of <br />Trustor in its name and stead to make all necessary conveyan -es, <br />assignments, transfers and deliveries of the Property or any part <br />thereof and the rights so sold and for that purpose Trustee may <br />execute all necessary instruments of conveyance, assignment and <br />transfer, and may substitute one or more persons with like power, <br />Trustor hereby ratifying and confirming all that its said <br />attorney or any substitute or substitutes shall lawfully do by <br />-14- <br />r <br />
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