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201006622
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Last modified
9/14/2010 3:24:20 PM
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9/14/2010 3:24:20 PM
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DEEDS
Inst Number
201006622
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2oiooss2~ <br />provided for in any of the Loan Instruments; or by law upon occurrence <br />of any event of default, including the right to exercise the power of <br />sale. <br />(b) Commence an action to foreclose this Deed of Trust as a <br />mortgage, appoint a receiver, or specifically enforce any of the <br />covenants hereof; <br />(c) Deliver to Trustee a written declaration of default and <br />demand for sale, a written notice of default and election to cause <br />Trustor's interest in the Trust Estate to be sold, which notice Trustee <br />shall cause to be duly filed for record in the appropriate Official <br />Records of the County in which the Trust Estate is located. <br />J.l. Foreclosure by Power of Sale. Should Beneficiary elect to <br />foreclose by exercise of the Power of Sale herein contained, Beneficiary <br />shall notify Trustee and shall deposit with Trustee this Deed of Trust <br />and the Note and such receipts and evidence of expenditures made and <br />secured hereby as Trustee may require. <br />(a) Upon receipt of such notice from Beneficiary, Trustee shall <br />cause to be recorded, published, and delivered to Trustor such Notice <br />of Default and Notice of Sale as then required by law and by this Deed <br />of Trust. Trustee shall, without demand on Trustor, after such time as <br />may then be required by law and after recordation of such Notice of <br />Default and after Notice of Sale having been given as required by law, <br />sell the Trust Estate at the time and place of sale fixed by it in such <br />Notice of Sale either as a whole, or in separate lots or parcels or items <br />as Trustee shall deem expedient, and in such order as it may <br />determine, at public auction to the highest bidder for cash in lawful <br />money of the United States payable at the time of sale. Trustee shall <br />deliver to such purchaser or purchasers thereof its good and sufficient <br />deed or deeds conveying the property so sold, but without any covenant <br />or warranty, express or implied. The recitals in such deed of any <br />matters or facts shall be conclusive proof of the truthfulness thereof. <br />Any person, including, without limitation, Trustor, Trustee, or <br />Beneficiary, may purchase at such sale and Trustor hereby covenants <br />to warrant and will defend the title of such purchaser or purchasers. <br />(b) As may be permitted by law, after deducting all costs, fees, <br />and expenses of Trustee and of this Trust, including costs of evidence <br />of title in connection with sale, Trustee shall apply the proceeds of <br />sale to payment of (i) all sums expended under the terms thereof, not <br />then repaid, with accrued interest at the rate of *** percent (***%) per <br />annum, (ii) all other sums then secured hereby, and (iii) the remainder, <br />if any, to the person or persons legally entitled thereto. <br />5 <br />
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