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80006474
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1/14/2010 2:41:23 AM
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1/14/2010 2:41:00 AM
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DEEDS
Inst Number
80006474
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-s- 80.: `~3 Ci ~ 4 74 <br />of the Property and if Beneficiary desires the Property to be sold, <br />it shall deposit with Trustee this Trust Deed and all promissory <br />-notes and documents evidencing expenditures secured hereby, and <br />shall deliver to Trustee a written notice of default and election <br />to cause the Property to be sold, and the Trustee in turn shall <br />prepare a similar Notice in the form required by law, which shall <br />be duly filed for record by Trustee. <br />{a) After the lapse of such time as may be required by law. <br />following the recordation of said notice of default, <br />and notice of sale having been given as required try. <br />law, Trustee, without demand on Trustor, shall sell <br />the Property on the date and at the time and place <br />designated in said notice of sale, at public suction <br />to the highest bidder, the purchase price payable in <br />lawful s~aney of the United States at-the time of sale. <br />The person conducting the sale may, for any cause he <br />deems expedient, gostgone 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 declar- <br />ation thereof by such person at the lima and place last <br />appointed for the sale; provided, if the. sale is gast- <br />poned far Langer than one (1) day beyond the day desig- <br />nated in the notice of sale, notice thereof shall be <br />given in the same manner as the original notice of <br />sale. Trustee shall execute and deliver to the gur- <br />chaser his Deed conveying the Froperty sold, but with- <br />out any covenant or warranty, express or implied. The <br />recitals in the Deed of any matters or facts shall be <br />conclusive praof of the truthfulness thereof. Any <br />person, including Eeneficiary, may purchase at ttxe <br />sale. <br />(b) ln'hen Ti-usteae sells pursuant to the powers herein, <br />the Trustee shall apply the pro;:eecis of the sale <br />to payment of the costs and expenses nF exec°cising <br />the ;power of sale and of the sale, including the <br />payment of the Trustee's Pees actually incurred, <br />and then to the items in subparagraph (c) in the <br />order there 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 foreclosure, the proceeds of <br />sale si:all be applied in the order stated to the pay- <br />ment of: <br />(1) Cost of any evidence of title procured <br />in connection with such sale and of any <br />revenue stamps; <br />{2) All sums then secured hereby; <br />(3} The remainder, if any, to the person leg- <br />ally_ontitled thereto. <br />15. Duties and Obligations cf Trustee. (a) The duties and obli- <br />gations o Trustee shall be determined solely by the express nro- <br />yisi~ns c,f rh; ~ Tri,cr n~~~ ra m,-„c.-„~ ..~_.,, , <br />-"-- _.. ~_... .. ......, a..v a..uaa..cc ~ii¢.~1 i'lat Ue ll.a ble C:7':l: E_'p L. <br />for the performance ofvsuch duties and obliations as are specifi- <br />cally set forth herein, and no implied covenants or. obligations <br />shall be icngosed upon Trustee; (b~ No provision of this Trust <br />Deed shall require Trustee to expend ar risk his own funds, or <br />or_herwise incur any financial obligation in the performance at <br />any o£ its duties hereunder, or in the exercise of any of ics <br />right or powers, if it shall have grounds far believing that the <br />repayment of such funds or adequate indemnity against suol-6 ri.k ~_ <br />
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