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201007999
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Last modified
1/11/2011 2:17:00 PM
Creation date
10/29/2010 8:53:42 AM
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DEEDS
Inst Number
201007999
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�oioo7999 <br />Section 4.3. Foreclosure <br />(a) Upon the occurrence of a default, Trustee is authorized and empowered and it <br />shall be Trustee's special duty at the request of Administrative Agent to sell the Deed af Trust <br />Mortgaged Properties, or any part thereaf, as an entirety ar, to the extent not prohibited by any <br />applicable Requirement of Law, in paxcels as Administrative Agetat may elect, at such place or <br />places and otherwise in the manner and upon such notice as may be required by any Requirement <br />of Law or, in the absence of any such requirement, as Trustee may deem appropriate. If Trustee <br />shall have given notice of sale hereunder, any successor ar substitute Trustee thereafter <br />appointed may compl�te the sale and the conveyance of the property pursuant thereto as if such <br />notice had been given by the successor or substitute Trustee conducting the sale. Atty sale of the <br />Collateral conducted under this Article IV may be postponed from time to time as provided by <br />any applicable Requirement of Law; or, in th.e absence of any such pravisions, Administrative <br />Agent may postpone the sale af the Collateral ar any part thereaf by public announcement at the <br />time and place of such sale, and from time to time thereafter may further posipone such sale by <br />public announcement made at the time of sale fixed by the preceding postponement. Sale of a <br />part of the Collateral will not exhaust the power of sale, and sales may be made from time to <br />time until all Collateral is sold or the Obligations are paid in full. Cumulative of the foregoing <br />and the other pravisions of this Section 4.3: <br />(i) As to the Deed of Trust Mortgaged Properties situated in the State of <br />Texas, such sales of all or any part of such Deed of Trust Mortgaged Properties shall be <br />conducted at the courthause of any caunty (whether or not the counties in which such <br />Deed of Trust Mortgaged Praperties are located are contiguous) in. the State of Texas in <br />which any part of such Deed of Trust Mortgaged Properties is situated, at public vendue <br />to the highest bidder for cash between the hours of ten o'clock a.m. and four a'clock p.m. <br />on the first Tuesday in any month or at such other place, time and date as provided by the <br />statutes of the State of Texas then in force governing sales of real estate under powers <br />conferred by deed of trust, after having given notice af such sale in accordance with such <br />statutes. <br />(ii) As to the other Deed of Trust Mortgaged Properties, Trustee may proceed, <br />by power of sa1e, to sell the D�ed of Trust Mortgaged Properties and any and every part <br />thereaf, at public venue, to the highest bidder, at the customary place in the county (or the <br />City of St. Louis Missouri as to the Deed af Trust Mortgaged Properties located in the <br />State of Missouri) in which the Deed of Trust Mortgaged Properties are located, for cash, <br />first giving the public notice r�quir�d by Law of the time, terms and place of sale, and of <br />the property to be sold; and upon such sale shall execute and deliver a deed af <br />conveyance af the property sold to the purchaser or purchasers thereof, and any statement <br />or recital of fact in such deed in relatian to the nonpayment of money hereby secured to <br />be paid, existence of the secured indebt�dness, notice of advertisement, sale, receipt of <br />money, and the happerzing of any of the events whereby any successor trustee became <br />successor as herein provided, shall be prima facie evidence of the truth of such statement <br />or recital; ar�d Trustee shall receive the proceeds of such sale, out of which Tnxstee shall <br />pay: first, the cost and expenses of executing this trust, including attorneys' fees and <br />compensation to Trustee for his servic�s; and next to Administrative Agent or its <br />enclorsees or assignees, upon the usual vouchers therefor, all monies paid pursuant to or <br />31 <br />
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