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80000010
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Last modified
1/13/2010 11:07:56 AM
Creation date
1/13/2010 11:07:45 AM
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DEEDS
Inst Number
80000010
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<br />i3. Future Advances. Upon request. of Trustor, Beneficiary, <br />at Beneficiary's option, prior to reconvc~yance of the Property <br />to the Trustor, may make future advances to the Trustor. Such <br />future advances, with interest thereon. shall be secured by <br />this Trust Deed when evidenced by promissory notes stating <br />that said notes are secured hereby; provided that at no time <br />shall the secured principal, future advances, not including <br />sums advanced to protect the security, exceed one hundred per- <br />cent (100go) of. the original principal amounts secured hereby. <br />14. Remedies Cumulative. All remedies provided in this Trust <br />Deed are distinct and cumulative to any other right or remedy <br />under this Trust Deed or afforded by law or equity, and may be <br />exercised concurrently, independently or successively. <br />15. Acceleration; Remedies; Sale. Upon default by Trustor in <br />the payment of any indebtedness secured hereby or in the per- <br />formance of any agreement hereunder, Beneficiary may declare <br />all sums secured hereby immediately due and payable by delivery <br />to Trustee of written declaration of default. The Trustee <br />shall have the power of sale of thr property and if Benefi- <br />ciary desires the Property to be sold, it shall deposit with <br />Trustee this Trust Deed and all promissory notes and documents <br />evidencing expenditures secured hereby, and shall deliver to <br />Trustee a written notice of default and election to cause the <br />Property to be sold, and the Trustee in turn shall prepare a <br />similar Notice in the form required by law, cahich shall be <br />duly filed for record by Trustee. <br />(a) After the lapse of such time as may be required by <br />law following the recordation of said notice of <br />default., and notice of default and notice of sale <br />having been gi-ven as required by law, Trustee, with- <br />out demand on Trustor, shall sell the Property on <br />the date and at the time and place designated in <br />said notice of sale, at public auction to the high- <br />est bidder, the purchase price payable in lawful <br />money of the United States at the time of sale. The <br />person conducting the sale may, for any cause he <br />deems expedient, postpone the sale from time to time <br />until it shall be completed and, in every such case, <br />notice of postponement shall be given by public <br />declaration thereof by such person at the time and <br />place last appointed for the sale; provided, i:f the <br />sale is postp9ned for longer than (1) day beyond <br />the day designated in the notice of sale, notice <br />___ <br />thereof shall be given in the same manner as the <br />original notice of sale. Trustee shall execute and <br />deliver to the purchaser his Deed conveying the <br />Property sold, but without any covenant or warranty, <br />express, or implied. ThQ recitals in the Deed of <br />any matters or facts shall be conclusive proof of <br />the truthfulness thereof. Any person, including <br />Beneficiary, may purchase at the sale. <br />(b) When Trustee sells pursuant to the powers herein, <br />the Trustee shall apply the proceeds of the sale to <br />payment of the costs and expenses of exercising the <br />power of sale and of the sale, including the payment <br />of the TrusCee's Fees actually incurred, and then to <br />the items in subparagraph (c) in the order there <br />stated. <br />(c) After paying the items specified in subparagraph (b) <br />if the sale is by Trustee, or the proper court and <br />other costs of foreclosure and sale if the sale is <br />pursuant to judicial £oreclosure, the proceeds of <br />sale shall be applied in [he order stated to the <br />• payment of: <br />(i} Cast of any evidence of title procured <br />in connection -with such sale and of any <br />revenue scamps; <br />-5- <br />
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