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201104264
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201104264
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Last modified
6/6/2011 4:15:01 PM
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6/6/2011 4:15:01 PM
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DEEDS
Inst Number
201104264
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201104264 <br />9. Condemnation. If title to any part of the Property shall be taken in condemnation <br />proceedings, by right of eminent domain or similar action, or shall be sold under threat of <br />condemnation, all awards, damages and proceeds axe hereby assigned and shall be paid to <br />Beneficiary who shall apply such awazds, damages and proceeds to the sums secured by this <br />Deed of Trust, with the excess, if any, paid to Trustors. If Trustors receive any notice or other <br />information regarding such actions or proceedings, Trustors shall give prompt written notice <br />thereof to Beneficiary. Beneficiary shall be entitled, at his option, to commence, appear in and <br />prosecute in his own name any such action or proceedings and sha11 be entitled to make any <br />compromise or settlement in connection with any such action or proceedings. <br />10. Remedies Not Exclusive. Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce payment and performance of any indebtedness or obligations secured hereby <br />and to exercise all rights and powers under this Deed of Trust or under any other agreement <br />executed in connection herewith or any laws now or hereafter in force, notwithstanding some or <br />all of the such indebtedness and obligations secured hereby may now or hereafter be otherwise <br />secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the <br />acceptance of this Deed of Trust nor its enforcement whether by court action or pursuant to the <br />power of sale or other powers herein contained, sha11 prejudice or in any manner affect Trustee's <br />or Beneficiary's right to realize upon or enforce any other security now or hereafter held by <br />Trustee or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be <br />entitled to enforce this Deed of Trust and any other security now or hereafter held by Beneficiary <br />or 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 sha11 be <br />cumulative and shall be in addition to every other remedy given hereunder or now or hereafter <br />existing at law or in equity or by statute. Every power or remedy provided under this Deed of <br />Trust to Trustee or Beneficiary or to which either of them may be otherwise entitled, may be <br />exercised, concurrently or independently, from time to time and as often as may be deemed <br />expedient by Trustee or Beneficiary and either of them may pursue inconsistent remedies. <br />Nothing herein shall be construed as prohibiting Beneficiary from seeking a deficiency judgment <br />against the Trustors to the extent such action is pernutted by law. <br />11. Transfer of the Pro e�rty; Assum tu ion. If all or any part of the Property or any <br />interest therein is sold, transferred or conveyed by Trustors without Beneficiary's prior written <br />consent, Beneficiary may, but sha11 not be required to, at Beneficiary's option, declare a11 the <br />sums secured by this Deed of Trust to be immediately due and payable, or cause the Trustee to <br />file a notice of default. <br />12. Acceleration upon Default; Remedies; Sale. Upon default by Trustors in the <br />payment of or performance of the terms and conditions of the Note, or any renewals, <br />modifications or extensions thereof, or the payment of any other indebtedness secured hereby or <br />in the performance of any of the covenants or agreements hereunder, Beneficiary may declare all <br />sums secured hereby immediately due and payable and the same shall thereupon become due and <br />
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