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83005150
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Last modified
11/19/2008 7:05:08 PM
Creation date
11/19/2008 7:05:07 PM
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DEEDS
Inst Number
83005150
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<br />I <br /> <br />83-H05150 <br /> <br />Beneficiary or the legal holder of said promissory note on <br />account of the indebtedness evidenced thereby. <br /> <br />(e) Whenever used herein, the singular number shall include <br />the plural, the plural, the singular, the use of any <br />gender shall be appl icable to all genders, and the term <br />"Beneficiary" shall include any payee of the indebtedness <br />hereby secured or any transfer thereof, whether by <br />operation of law or otherwise. <br /> <br />20. Successor Trustee. Beneficiary may from time to time <br />subs ti tute a successor or successors to any Trustee named <br />herein or acting hereunder to execute this Trust Deed. Upon <br />such appointment and without conveyance to the succeSsor Trus- <br />tee, the latter shall be vested with all title, powers, and <br />duties conferred upon any Trustee herein named or acting here- <br />under. Each such appointment and substitution shall be made by <br />written instrument by Beneficiary, containing reference to this <br />Trust Deed and its place of record, which when recorded in the <br />office of the Register of Deeds of the county or counties in <br />which said property is si tuated shall be conclusive proof of <br />proper appointment of the successor Trustee. The foregoing <br />power of substi tution and the procedure therefore shall not be <br />exclusive of the power and procedure provided for by law for <br />the substitution of a Trustee or Trustees in the place of the <br />Trustee. <br /> <br />21. ~orebearance by Beneficiary or trustee Not a wa~ver. Any <br />forebearance by-ee;eficiary c>r~rrustee in exercising any right <br />or remedy hereunder. or otherwise afforded by applicable law, <br />shall not be a waiver of or preclude the exercise of any right <br />or remedy hereunder. Likewise, the waiver by Beneficiary or <br />Trustee of any default of Trustor under this Trust Deed shall <br />not be deemed to be a waiver of any other or similar defaults <br />subsequently occurring. <br /> <br />22. Trustor Not Released. Extension of the time for payment <br />or modi1'TCii'i:'{on"()r'''amortization of the sums secured by this <br />Trust Deed granted by Beneficiary to any successor in interest <br />of Trustor shal i not operate to release, in any manner, the <br />liability of the original Tl'ustor or Trustor's successor in <br />interest. Beneficiary shall not be required to commence pro- <br />ceedings against such successor or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by <br />this Trust Deed by ,'eason of <lny demand made by the original <br />Trustor and Trustor's successors in interest. <br /> <br />23. !?_eJ3:!0..!,' If there shall be a deJ':ilult under this Deed of <br />Trust or under any In-ior mortgage, rhe Beoefic:iary may cure <br />such defaul t, and the amounts advanced by, an<L other costs and <br />expenses of the beneficiary in curing such default, with <br />interest at the default rate contained in the Note secured <br />hereby from the time of the advances or payments shall be added <br />to the indebtedness secured by this Trust Deed and may be <br />collected hereunder at any time after the time of such advances <br />or payments and shall be deemed to be secured hereby. <br /> <br />24. Q'p"!:'io!L.!o For:eclos~. Upon the occurrence of any default <br />hereunder, Beneficiary shall have the option to foreclose this <br />Trust Deed in the manner provided by law for the foreclosure of <br />mortgages on real property. <br /> <br />25. Trustor's Rights, Absen_t".pef.,!~l~. Until any default in <br />the payment of indebtedness hereby secured or until the breach <br />of any covenant herein contained, the Trustor, its successors <br />and assigns, shall possess and enjoy the property, and receive <br />the rents and profits therefrom. Upon payment of all sums <br />secured by this Trust Deed, Beneficiary shall request Trustee <br />to reconvey the property and shall surrender this Trust Deed <br />and aU notes evidencing indebtedness secured by this Trust <br />Deed to Trustee. Trustee shall reconvey the property without <br />warr.anty ilnd without charge to the persons legally e!"ltl tIed <br />th.et<i'to. The Gran tee in any ['e<:onveyance may be d,,,,(: r i bed as <br />- 1. <br />
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