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200804918
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6/9/2008 2:48:26 PM
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6/9/2008 2:48:23 PM
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DEEDS
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200804918
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<br />200804918 <br /> <br />judgment or decree of foreclosure and sale, shall operate to divest all the estate, right, title, <br />interest, claim and demand whatsoever, whether at law or in equity, of Mortgagor in and to the <br />properties and rights so sold, and shall be a perpetual bar both at law and in equity against <br />Mortgagor and against any all persons claiming or who may claim the same, or any part thereof <br />from, through or under Mortgagor. <br /> <br />Upon any sale made under or by virtue of this Deed of Trust (whether made under the <br />power of sale herein granted or under or by virtue of judicial proceedings or of a judgment or <br />decree of foreclosure and sale), Mortgagee or any assignee hereof may bid for and acquire the <br />Premises or any part thereof and in lieu of paying cash therefor may make settlement for the <br />purchase price by crediting upon the Indebtedness the net sales price after deducting therefrom <br />(to the extent allowed by applicable law) the expenses of the sale and costs of the action and any <br />other sums which Mortgagee is authorized to deduct under this Deed of Trust. <br /> <br />No recovery of any judgment by Mortgagee and no levy of an execution under any <br />judgment upon the Premises or upon any other property of Mortgagor shall affect in any manner <br />or to any extent the lien of this Deed of Trust upon the Premises or any part thereof, or any liens, <br />rights, powers or remedies of Mortgagee hereunder, but such liens, rights, powers and remedies <br />of Mortgagee shall continue unimpaired as before. <br /> <br />The Trustee hereby lets the Premises to Mortgagor until a sale be had under the foregoing <br />provisions therefor or until an Event of Default, upon the following terms and conditions, to-wit: <br />Mortgagor and every and all persons claiming or possessing the Premises or any part thereof by, <br />through or under Mortgagor shall pay rent therefor during said term at the rate of one cent (l~) <br />per month, payable monthly upon demand, and shall surrender immediate peaceable possession <br />of the Premises and any and every part thereof sold under said provisions to the purchaser <br />thereof under such sale, without notice or demand therefor, and shall and will at once, without <br />notice, surrender up possession of the Premises and every part thereof in event Mortgagee shall <br />take charge and enter the Premises as provided in this Deed of Trust. <br /> <br />No remedy granted or conferred by this Deed of Trust is intended to be exclusive of any <br />other remedy or remedies and each and every remedy shall be cumulative and shall be in <br />addition to every remedy given hereunder or now or hereafter existing at law or in equity or by <br />statute. No delay or omission of Mortgagee to exercise any right or power accruing upon an <br />Event of Default shall impair any such right or power or shall be construed to be a waiver of any <br />such Event of Default or any acquiescence therein and every right, power and remedy given by <br />this Deed of Trust or now or hereafter existing at law or in equity or by statute may be exercised <br />from time to time and as often as may be deemed expedient by the Mortgagee. <br /> <br />In the event of the death, removal, resignation, or refusal or inability to act of Trustee or <br />any duly appointed successor Trustee, or in Mortgagee's sole discretion for any reason <br />whatsoever, Mortgagee, from time to time without notice and without specifying any reason <br />therefor and without applying to any court, may select and appoint a successor trustee and all <br />powers, rights, duties and authority of Trustee hereunder shall thereupon become vested in such <br />successor. Such replacement may be made by Mortgagee without giving notice to or obtaining <br />the consent of Mortgagor or any other person; and may be effectuated by a written declaration of <br /> <br />24 <br /> <br />Doc# 267536412 <br />
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