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201104264
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201104264
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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 />payable without presentment, demand, protest or notice of any kind. Thereafter, Beneficiary may <br />deliver to Trustee a written declaration of default and demand for sale. TRUSTEE SHALL <br />HAVE THE POWER OF SALE OF THE PROPERTY and if Beneficiary decides the Property is <br />to be sold it shall deposit with Trustee this Deed of Trust and the Note or notes and any other <br />documents evidencing expenditures secured hereby, and sha11 deliver to Trustee a written notice <br />of default and election to cause the Property to be sold, and Trustee, in turn, shall prepare a <br />similar notice in the form required by law which sha11 be duly filed for record by Trustee. <br />(a) After the lapse of such time as may be required by law following the <br />recordation of Notice of Default, and Notice of Default and Notice of Sale having been given as <br />required by law, Trustee, without demand on Trustors, sha11 sell the Property in one or more <br />parcels and in such order as Trustee may determine on the date and at the time and place <br />designated in said Notice of Sale, at public auction to the highest bidder, the purchase price <br />payable in cash in lawful money of the United Sta.tes at the time of sale. The person conducting <br />the sale may, for any cause he or she deems expedient, postpone the sale from time to time until <br />it shall 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; provided, if <br />the sale is postponed for longer than one (1) day beyond the day designated in the Notice of Sale, <br />notice thereof shall be given in the same manner as the original Notice of Sale. Trustee sha11 <br />execute and deliver to the purchaser its Deed conveying the Property so sold, but without any <br />covenant or warranty, express, or implied. The recitals in the Deed of any matters or facts shall <br />be conclusive proof of the truthfulness thereof. Any person, including, vcrithout limita,tion, <br />Beneficiary or Trustee, may purchase at the sale. <br />(b) When Trustee sells pursuant to the powers herein, Trustee shall apply the <br />proceeds of the sale to payment of the costs and expenses of exercising the power of sale and of <br />the sale, including, without limitation, the payment of Trustee's Fees incurred, which Trustee's <br />Fees shall not in the aggregate exceed Two Million and No/100 Dollars ($2,000,000.00) plus all <br />expenses incurred in advertising and holding the sale and the expense of a professional real estate <br />auctioneer if Trustee deems it in the best interests of Beneficiary to engage one. <br />(c) After paying the items specified in subparagraph (b), if the sale is by <br />Trustee, or the proper court costs and other costs of foreclosure and sale if the sale is pursuant to <br />judicial foreclosure, the proceeds of sale shall be applied in the order stated below to the payment <br />of <br />(1) The costs of advertising and conducting the sale with or without a <br />professional real estate auctioneer and the cost of any evidence of title procured in connection <br />with such sale and of any Documentary Stamp Tax required to be paid; <br />(2) Attorneys fees incurred in exercising the power of sale; <br />(3) All obligations secured by the Deed of Trust; <br />� <br />
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