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201001989
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Last modified
3/29/2010 11:30:22 AM
Creation date
3/29/2010 11:26:41 AM
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DEEDS
Inst Number
201001989
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201001989 <br />which notice Trustee shall cause to be duly filed for record in the appropriate official records of <br />the county in which the Trust Estate is located. <br />11. Foreclosure by Power of Sale. Should Beneficiary elect to foreclose by exercise <br />of the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with <br />Trustee this Deed of Trust and the Notes and such receipts and evidence of expenditures made <br />and secured hereby as Trustee may require. <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be recorded, <br />published and delivered to Trustor such Notice of Default and Notice of Sale as then required by <br />law and by this Deed of Trust. Trustee shall, without demand an Trustor, after such time as may <br />then be required by law and after recordation of such Notice of Default and after Notice of Sale <br />having been given as required by law, sell the Trust Estate at the time and place of sale fixed by <br />it in such Notice of Sale, either as a whole, or in separate lots or parcels ar items as Trustee shall <br />deem expedient, and in such order as it may determine, at public auction to the highest bidder for <br />cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to <br />such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the <br />property so sold, but without any covenant or warranty, express or implied. The recitals in such <br />deed of any matters or Facts shall be conclusive proof of the truthfulness thereof. Any person, <br />including, without limitation, Trustor, Trustee and Beneftciary, may purchase at such sale and <br />Trustor hereby covenants to warrant and defend the title of such purchaser or purchasers. <br />(b) As may be permitted by law, after deducting all casts, fees and expenses of <br />Trustee and of this Trust, including costs of evidence of title in connection with sale, Trustee <br />shall apply the proceeds of sale to payment of (i) all sums expended under the terms hereof, not <br />then repaid, with accrued interest at the default rate under the Notes; (ii) all other sums then <br />secured hereby; and (iii) the remainder, if any, to the person or persons legally entitled thereto. <br />(c) Trustee may, in the manner provided by law, postpone sale of all or any portion of <br />the Trust Estate. <br />12. Remedies Not Exclusive. Trustee and Beneftciary, and each of them, shall be <br />entitled to enforce payment and performance of any indebtedness or obligations secuxed hereby <br />and to exercise all rights and powers under this Deed of Trust or under any Loan Instrument or <br />other agreement or any laws now or hereafter in force, notwithstanding that same or all of the <br />such indebtedness and obligations secured hereby way now or hereafter be otherwise secured, <br />whether by mortgage, deed of trust, pledge, lien, assignment ar otherwise. Neither the acceptance <br />of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of <br />sale or other powers herein contained, shall prejudice or in any manner affect Trustee's or <br />Beneftciary's right to realize upon or enforce any other security now or hereafter held by Trustee <br />or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled <br />to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary ar <br />Trustee in such order and manner as they or either of them may in their absolute discretion <br />determine. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to <br />be exclusive of any other remedy herein or by law provided or permitted, but each shall be <br />cumulative and shall be in addition to every other remedy given hexeunder or now or hereafter <br />5 <br />
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