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83006496
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Last modified
11/20/2008 10:04:20 AM
Creation date
11/20/2008 10:04:19 AM
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DEEDS
Inst Number
83006496
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<br />I <br /> <br />83- 006496 <br /> <br /> <br />C. Upon default by TRUSTORS in the payment of <br />indebtedness secured hereby or in the performance <br />of any agreement hereunder, BENEFICIARY may declare <br />all sums secured hereby immediately due and payable <br />by delivery to TRUSTEE of written declaration <br />of default. If BENEFICIARY desires said property <br />to be sold, it shall deposit with TRUSTEE this <br />Trust Deed and all promissory notes and documents <br />evidencing expenditures secured hereby, and shall <br />deliver to TRUSTEE a written notice of default <br />and election to cause said property to be sold <br />in the form required by law, which shall be duly <br />filed for record by TRUSTEE. <br /> <br />(1) After the lapse of such time uS may be <br />required by law following the recordation <br />of said notice of default, and notice of <br />default and notice of sale having been given <br />as required by law, TRUSTEE, without demand <br />on TRUSTORS, shall sell said property on <br />the date and at the time and place designated <br />in said notice of sale, at public auction <br />to the highest bidder, the purchase price <br />payable in lawful money of the United States <br />at the tIme of sale. The person conducting <br />the sale may, for any cause he deems exped- <br />ient, postpone the sale from time to time <br />until it shall be completed and, in every <br />such case, notIce of postponement shall be <br />given by public declaration thet'eof by such <br />person at the time and place last appointed <br />for the sale; provided, if the sale is post- <br />poned for longer than one (1) day beyond <br />the day designated in the notice of sale, <br />notice thereof shall be given in the same <br />manner as the orIgInal notice of sale. TRUST!:.. <br />shall execute and deliver to the purchaser <br />its Deed conveying said property so sold, <br />but ,.i thout any covenant or \."lBrranty, express <br />or implled. The recitals 1n t.he Deed of any <br />matters or facts shall be conslusive proof <br />of the truthfulness thereof. Any person, <br />including BENEFICIARY, may purchase at the <br />sale. <br /> <br />(2) \~hen TRllSTEE sells pursuant to the powers <br />herein, TRUSTEE shall apply the proceeds <br />of the sale to payment of the costs and ex- <br />penses of exercising the power of sale and <br />of the sale, including the payment of <br />TRUSTEE'S fees act'ually incurred, which <br />TRUSTEE'S fees shall not in the aggregate <br />exceed the following amounts based upon the <br />amount secured hereby and remaining unpaid: <br />5 per centum on the first $1,000.00 thereof, <br />2. per centum on the balance thereof; and <br />then to the items in subparagraph (3) in <br />the order there stated. <br /> <br />(3) After paying the items specified in subpara- <br />graph (2) if the sale is by TRUSTEE, or the <br />proper court and other costs of for'eclosure <br />and sale if sale is pursuant to judicial <br />
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