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201004812
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201004812
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Last modified
1/11/2011 2:27:22 PM
Creation date
7/13/2010 4:52:47 PM
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DEEDS
Inst Number
201004812
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2oioo4si2 <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 recanveyance, for cancellation and retention), 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 <br />restriction thereon; (c) join in any subordination or other agreement affecting this DEED <br />OF TRUST or the lien or charge thereof; (d) reconvey this DEED OF TRUST or the lien <br />or charge 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 TRUSTOR in the payment of indebtedness secured hereby or in the <br />performance 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 <br />and election to cause said property to be sold in the form required by law, which shall be <br />duly filed for record by TRUSTEE. <br />1. After the lapse of such time as may be required by law (presently being sixty (60) <br />days following the recordation of said Notice of Default), Notice of Default and Notice <br />of Sale having been given as required by law, TRUSTEE, without demand an <br />TRUSTOR, shall sell said property on the date and at the time and place designated in <br />said Notice of Sale, at public auction to the highest bidder, the purchase price payable in <br />lawful money of the United States at the time of sale. The person conducting the sale <br />may, for any cause he deems expedient, postpone the sale from time to time until it shall <br />be completed and in every such case, notice of postponement shall be given by public <br />declaration thereof by such person at the time and place last appointed for the sale; <br />provided, if the sale is postponed for longer than thirty (30) days beyond the day <br />designated in the Notice of Sale, notice thereof shall be given in the same manner as the <br />original Notice of Sale. TRUSTEE shall execute and deliver to the purchaser his Deed <br />conveying said property so sold, but without any covenant or warranty, express or <br />implied. The recitals in the Deed of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. Any person, including BENEFICIARIES, may purchase at the <br />sale. TRUSTOR hereby covenants, warrants and defends the title of the above property <br />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 <br />of 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 />Two percent (2%) of the gross sale price; <br />2. To the payment of the obligation secured by this DEED OF TRUST and Trust Deed <br />Note; <br />3. To the payment of junior Trust Deeds, mortgages, or other lien holders; <br />4. The balance, if any, to the person or persons legally entitled thereto. <br />-2- <br />
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