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201000904
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Last modified
2/10/2010 2:46:44 PM
Creation date
2/10/2010 2:46:43 PM
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DEEDS
Inst Number
201000904
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2oiooo9o~ <br />TRUSTORS covenant and agree that a failure to make any payment, either principal or <br />interest, on the Note secured hereby when due and payable, or a failure to comply with any of the <br />covenants and agreements herein made shall cause the whole sum of money hereby secured to <br />become immediately due and collectible at the option of the BENEFICIARIES, and <br />BENEFICIARIES shall have the right to cause Natice of Default to be given and the premises to be <br />sold as provided herein. <br />The parties mutually agree as follows: <br />A. At any time and from time to time upon written request of BENEFICIARIES, payment of <br />fees and presentation of this DEED OF TRUST and the Note for endorsement (in case of <br />full reconveyance, for cancellation and retentiorp), without affecting the liability of any <br />person for the payment of the indebtedness, TRUSTEE may (a) consent to the making of <br />any map or plat of said property; (b) join in granting any easement or creating any restriction <br />thereon; (c) join in any subordination or other agreement affecting this DEED OF TRUST <br />or the lien or charge thereof; (d) reconvey this DEED OF TRUST or the lien or charge <br />thereof; (d) reconvey, without warranty, all or any part of said property. <br />B. The grantee in any Deed of Reconveyance may be described as "the person or persons <br />entitled thereto", and the recitals therein of any matters or facts shall be conclusive proof of <br />the truthfulness thereof. <br />C. Upon default by TRUSTORS in the payment of indebtedness secured hereby or in the <br />perforniance of any agreement hereunder, BENEFICIARIES may declare all sums secured <br />hereby immediately due and payable by delivery to TRUSTEE of written declaration of <br />default. If BENEFICIARIES desire said. property to be sold, they shall deposit with <br />TRUSTEE this DEED OF TRUST and all promissory notes ,and documents evidencing <br />expenditures secured hereby, and shall deliver to TRUSTEE a written Notice of Default and <br />election to cause said property to be sold in the farm required by law, which shall be duly <br />tiled far retard by TRUSTEE. <br />1. After the lapse of such time as may be required by law (presently being one (1) month <br />following the recordation of said Notice of Default), Notice of Default and Notice of Sale <br />having been given as required by law, TRUSTEE, without demand on TRUSTORS, shall <br />sell said property on the date and at the time and place designated. in said Notice of Sale, <br />at public auction to the highest bidder, the purchase price payable in lawful money of the <br />United States at the time of sale. The person conducting the sale may, far any cause he <br />deems expedient, postpone the sale from time to time until it shall be completed and in <br />every such case, notice of postponement shall be given by public declaration thereof by <br />such person at the time and place last appointed for the sale; provided, if the sale is <br />postponed for longer than one (1) day beyond the day designated in the Notice of Sale, <br />notice thereof shall be given in the same manner as the original Notice of Sale. <br />TRUSTEE shall execute and deliver to the purchaser his Deed conveying said property <br />so sold, but without any covenant or warranty, express or implied. The recitals in the <br />Deed of any matters or facts shall be conclusive proof of the truthfulness thereof Any <br />person, including BENEFICIARIES, may purchase at the sale. TRUSTORS hereby <br />covenant, warrant and defend the title of the above property to purchaser at sale. <br />D. When the TRUSTEE sells the trust property pursuant to the powers granted herein, the <br />TRUSTEE shall apply the proceeds from the sale of such property in the following order of <br />priority: <br />1. To the cost and expense of exercising the power of sale and of the sale, including <br />attorney fees, evidence of title and other sale expenses, and a trustee's fee not to exceed <br />Four percent (4%) of the gross sale price; <br />-2- <br />
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