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200804263
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200804263
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Last modified
5/16/2008 3:25:27 PM
Creation date
5/16/2008 3:25:27 PM
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DEEDS
Inst Number
200804263
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<br />200804263 <br /> <br />lawful money or the United States at the time of sale. The <br />person conducting the sale may, for any cause he deems <br />expedient, postpone the sale trom time to time until it shall <br />be completed and in every such case, notice of pOSLponement <br />:;;hall be given by publi<:: decla.ration thereof by suc;h person <br />at the time and place last appointed for the sale; provided, <br />if the sale is postponed for longer th~n One (1) day beyond <br />t.he day designated in the Notice of Sale, not.ice thereof <br />shall be given in the same manner as the original Notice of <br />Sale. TRUSTEE shall execute and deliver to the purchaser a <br />Deed conveying said property so sold, but wit.hout Any <br />covenant or w...rranty, e}(;press or implied. The recital$ in <br />the Deed of any matters or fact.s shall be conclUSive proor of <br />the truthfulneSB thereof.. Any person, including BENEFICIARY, <br />may purchase at the sa.le. TRUSTeRS herwby covenant to <br />warrant anc:l defend the title of the above prope:z;-ty to the <br />purchaser at sale. <br /> <br />D. When the TRUSTEE selle the truse property pur.l;luant to the powers <br />granted herein, the TRUSTEE Shall apply the proceeds from t.he sale <br />or such property in the fallowing orc:ler of priority, <br /> <br />(1) <br /> <br />TO the coat and expense of exercising <br />of the sale, inCluding attorney fees, <br />other sale expenses, and a trus;tee' S <br />Percent (2*~) of the grose sale price; <br /> <br />the power of sale and <br />evidence of title and <br />fee: not to exoeed Two <br /> <br />(2) To the payment of the obl.igation secured by this Deec:l of <br />Trust and Trust Deed Note, <br /> <br />(3) TO the pa.yment of junior Trust Deeds, mortg_ges or other <br />lienholders, <br /> <br />(4) <br /> <br />The balance, if any, <br />entitled thereto. <br /> <br />to the person or persons legally <br /> <br />E. upon the occurrence of any c:lefaul thereunder, BENEFICIARY ..hall <br />have, in addition to such other opt.ions as may be granted herein, <br />the further opt.ion to roreclo!!le this Deed of Trust in the manner <br />provided by 1aw for foreclosures or mortgages on real property. <br /> <br />F. BENEFICIARY may from time to time substitute a successor or <br />successors to any TRUSTEE named herein or acting hereunc:ler. Upon <br />such appointment, and without conveyance to the successor TRUSTEE, <br />the latter shall be vested with all title, power~ and duties <br />conrerred upon any TRUSTEE herein named or acting hereunder. Each <br />such appointment and ..ubstitution Shall be made by written <br />instrument and executed by BENEFICIARY, containing reference to <br />t.h~5 Deed or Trust and its place or record, which, ~hen racoraed in <br />the office o~ the Register o~ Deeds of the county or countie~ in <br />whiCh said property is ",ieuated, shall be conClusive proof ot: <br />proper appointment o~ the successor TRUSTEE. The foregoing power <br />or ~ubst1tution and the procedure therefore shall not be exclusive <br />of the power and procedure provided for by law for the substit.ution <br />of a TRUSTEE in ~he place o~ the TRUSTEE named he~ein. <br /> <br />G. nUS TORS covenant and agree that upon any attQmpted conveyance, <br />a.sl!lignment I pledge or tranerer or any ot: their interest in the <br />premises during the tsrm o~ the loan ~ecured hereby, the <br />BENEFICIARY shall have the option of declaring the unpaid balance <br />immediately due and payabls, and if said sum remains unpaid for Ten <br />(10) days therea~ter, BENEFICIARY can cau&e Notice of Derault. to be <br />given and the premises be Bold as provided herein. <br /> <br />H. ~ addit.ional and COllateral oecurit.y for the loan, and effective <br />forthwith upon filing of a Notice of Default, thil!l instrumsnt sh~ll <br />serve as an assignment by the TRUSTORS to the TRUSTEE, of all rents <br />and revenues reSUlting from the property, and TRUSTEE is authorized <br />to take posse~sion of the property, rent or lease the same on terms <br />he deems best <<ad to collect the rents anc:l revenues and apply the <br /> <br />-3- <br />
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