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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 />G <br />19. Successor Trustee. Beneficiary may from time to time <br />substitute 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 <br />by written instrument by Beneficiary, containing reference to <br />this Trust Deed and its place of record, which when recorded- <br />in the office of the Register of Deeds of the county or coun- <br />ties in which said property is situated shall be ~orrclusive.= <br />proof of proper appointment of the successor Trustee. The> <br />foregoing power of substitution and the procedure therefor-e <br />shall not be exclusive of the power and procedure provided for <br />by law for the substitution of a Trustee or Trustees in the <br />place of the Trustee. <br />20. Forebearance by Beneficiary or Trustee Not a Waiver. Any <br />forebearance by Beneficiary or Trustee 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 ar <br />Trustee of any default of Trustor under. this Trust lleed shall <br />not be deemed to be a waiver of any other or similar defaults <br />subsequently occurring. <br />21. Trustor Not Released. Extension of the time for payment <br />or modification or amortization of the sums secured by this <br />Trust Deed granted by Beneficiary to any successor in interest <br />of Trustor shall not operate to release, in any manner, the <br />liability of the original Trustor or Trustor's successor in <br />interest. Beneficiary shall not be required to commence pro- <br />ceedings against such successor or refuse co extend time for <br />payment or otherwise modify amortization of the sums secured <br />by this Trust Deed by reason of any demand made by the original <br />Trustor and Trustor's successors in interest.. <br />22. Default. if there shall be a default under this Deed of <br />Trust or under any prior mortgage, the Beneficiary may cure <br />such default, and the amounts advanced by, and other costs <br />and 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 .~aym~t~ts - be <br />_ added to -the indebtedness secured by tdt=s.~. ~e~~_ enay <br />be collected hereunder at an time afte'~i' <br />Y ~' _. ~~ie ~ ~a,~e .~ o f ;.: such <br />advances or payments and shall be deemed to-be secured hereby. <br />23. motion to Foreclose. Upon the occurrence of any defaul[ <br />hereunder, Beneficiary shall have the option to foreclose this <br />Trust Deed in the manner provided by law for the foreclosure <br />of mortgages on real property. <br />24. Trustor', Rig~htsz_Absent Default. Until any default in <br />the payment of indebtedness hereby secured or until the breach <br />of any covenant ho rein 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 recnnvey the property and shall surrender this Trust Deed <br />and- all notes evidencing indebtedness secured by this Trust <br />Deed to Trustee. Trustee shall reconvey the property without <br />warranty and without charge to the persons legally entitled <br />thereto. The Grantee in any reconveyance may be described as <br />"the person or persons entitled thereto", and the recitals <br />therein- of any matters or facts shall be conclusive proof of <br />the truthfulness thereof. Such- person or persons shall pay <br />all costs of recording, if any. <br />_~_ <br />
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