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201008999
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Last modified
12/2/2010 4:36:55 PM
Creation date
12/2/2010 4:36:54 PM
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DEEDS
Inst Number
201008999
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2oioos�s� <br />collection o� such rents, issues and prafi�s, and the application <br />thereof as afaresaid, shall not waive or cure any default or <br />notice of default hereunder, ar invalidate any act done pursuant <br />to such notice. Trustor assigns to Beneficiary, as �urther <br />security for the performance of the indebtedness and obligations <br />secured hereby, all prepaid rents and all moneys which may have <br />been or may hereafter be deposited with Trustor by any lessee af <br />the Property, to secure the payment af any rent or damages, and <br />upon default in the performance ot any of the provisions hereof, <br />Trustar agrees to deliver such rents and deposits to Beneficiary. <br />Delivery o� writ�en notice of Beneficiary's exercise of the <br />rights granted by this parag�aph THTRD to any tenant occupying th� <br />Property or any portion thereof sha11 be sufficient ta require <br />said tenant to pay said rent to Ben�ficiary un�il further notice. <br />FOURTH: If there shall be filed by ar against the Trustor <br />any pe�ition or proceeding seek�ng an arrangement a� composition <br />or extension or any other relief under or pu�suant to the Federal <br />Bankruptcy Code o� any other similar statute as now or hereafter <br />in effect, or if the Trustor shall be adjudica�ed bankrupt or <br />insolvent or any of Trustor's property shall have been seguest�red <br />and such decree shall have continued undischarged and unstayed for <br />ninety (90) days after the entry thereaf, then the whdle of th� <br />No�e and indebtedness hereby secured shall, without notice, at the <br />option of the Beneficiary become due and payable. <br />FIFTH: Upon default by Trustor in the payment of ar <br />performance of the terms and conditions of the Nate, or any <br />renewals, madifications or �xecutions thereof, the payment of any <br />othe� indebtedness secured hereby or in the performance af any <br />agreement, covenant or warranty herein cantained or set f�rth in <br />any agreement ar instrumen� executed by Trustor in connectian with <br />the indebtedness hereby secured, Beneficiary may declare all sums <br />secured hereby immediately due and payable and the same sha11 <br />thereupon become due and payable w�thout presentment demand, <br />protest or notice of any kind. Thereafter, Beneficiary may <br />deliver ta Trustee a written declaration of default and demand for <br />sale. Trustee sha11 have the pow�r of sale of the Property and if <br />Beneficiary decides the Property is to be sold, it sha11 deposit <br />with Trustee this Deed of trust and the Note or notes and any <br />ather documents evidencing expenditures secured her�by, and shall <br />d�liver to Trus�ee a written notice of default and election to <br />cause the Property �o be sold, and Trustee, �n turn, shall p�epare <br />a similar notice in the form required by law, which shall be duly <br />filed for record by Trustee. <br />(a) After the lapse o� such time as may be required by law <br />following the r�cordation ot Natic� nf Default, and Notice of <br />Default and Notic� of Sale having b�en qiven as required by law, <br />Trustee, without demand on Trustor, shall sell the Property <br />hereinbefare described, and any and every part thereof, in <br />separate parcels or en masse as the Trustee may elect and in such <br />order as trustee may determine on the date and at the time and <br />place designated in said Notice of Sa1e, at public aucti�n to th� <br />highest bidder, the purchase price payable in cash in lawful money <br />of the United States at the time of sale. The person canducting <br />the sale may, for any cause he or she deems expedient, postpone <br />the sale from time to time until it shall be completed and, in <br />every such case, natice of postponement shall be given by public <br />declaration thereof by such person at the time and place last <br />appainted for the sale; pravided, if the sale is postponed for <br />longe� than one (1) day beyond the day designated in the Notice ofi <br />Sale, notice thereof sha11 be given in �he same manner as the <br />original Notice of Sale. Trustee sha11 execute and deliver to the <br />purchaser its Deed conveying the prnperty so sald, but without any <br />covenant or warranty, express or implied. The recitals in the <br />Deed df any matt�rs or facts shall b� conclusive proof of the <br />truth£ulness thereof. Any person, including without limitatian, <br />B�neficia�y or Trustee may purchase at the sal�. Said sale shall <br />�.^� <br />
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