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201108838
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Last modified
11/28/2011 9:02:31 AM
Creation date
11/28/2011 9:02:31 AM
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DEEDS
Inst Number
201108838
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�01�08�3� <br />provided, if the sale is postponed for longer than one (1) day beyond the day designated <br />in the. Notice of Sa1e, notice thereof shall be given in the same manner as the original <br />Notice of Sale. TRUSTEE shall execute and deliver to the purchaser his Deed <br />conveying said property so sold, but without any covenant or� warranty, express or <br />implied. The recitals in the Deed of any matters or facts sliall be conclusive proof of the <br />truthfulness thereof. Any person, including BENEFICIARIES, may purchase at the <br />sale. TRUSTOR hereby covenants, warrants and defends the title of the above property <br />to purchaser at sale. <br />D. When the TRUSTEE sells the trust property pu.rsuant to the powers granted herein, the <br />TRUST�E sha11 apply the proceeds from the sale of such property in the following order <br />of priority; <br />1. To the cost and expense of exercising the power of sale and of the sale, including <br />attorney fees, evidence of title and other sale expenses, and a trustee's fee not to exceed <br />Four percent (4%) of the gross sale price; <br />2. To the payment of the obligation secured by this DEED OF TRUST and Trust Deed <br />Note; <br />3. ' To the payment of junior Trust Deeds, mortgages, or other lien holders; <br />4. The balance, if any, to the person or persons legally entitled thereto. <br />E. Upon the occurrence of any default hereunder, BENEFICIARIES shall have, in addition to <br />such other options as may be granted herein, the further option to foreclose this DEED OF <br />TRUST in the manner provided by law for foreclosures of mortgages on real properly. <br />F. BENEFICIARIES may from time to time substitute a successor or successors to any <br />TRUSTEE named herein or acting hereunder. Upon such appointment, and without <br />conveyance to the successor TRUSTEE, the latter shall be vested with a1� title, powers, and <br />duties coriferred upon any TRUSTEE herein named or acting hereunder. Each such <br />appointment and substitution shall be made by written instrument and executed by <br />BEl�EFICIARIES, containing reference to this DEED OF TRUST and its place of record, <br />which, when recorded in the Office of the Register of Deeds of the county or counties in <br />which said property is situated, shall be conclusive proof of proper appointment of the <br />successor TRUSTEE. The foregoing power of substitution and the procedure therefore <br />shall not. be exclusive of the power and procedure provided for by law for the substitution <br />of a TRUSTEE in the place of the TRUSTEE named herein. <br />G. TRUSTOI� covenants and agrees that upon any attempted coinveyance, assignment, pledge <br />or transfer of any of his interest in the premises during the term of the loan secured hereby, <br />the $ENEFICIARIES shall have the option of declaring the unpaid balance immediately <br />due and payable, and if said sum remains unpaid for fifteen (15) days thereafter, <br />BENEFICIARIES can cause Notice of Default to be given and the premises be sold as <br />provided herein. <br />H. As additional and collateral security for the loan, and effective forthwith upon filing of a <br />Notice of Default, this instnament shall serve as an assignment by the TRUSTOR to the <br />TRUSTEE, of all rents and revenues resulting from the ' property, and TRUSTEE is <br />authorized to take possession of the property, rent or lease the same on terms he deems <br />best ,and to collect the rents and revenues and apply the same upon unpaid interest, <br />principal, taxes or insurance premiums or for maintenance and preservation of the <br />premises. <br />I. The waiver by TRUSTEE or BENEFICIARIES of any default of TRUSTOR under this <br />DEED OR TRUST, on one occasion, shall not be or be deemed to be a waiver of any other <br />or similar defaults subsequently occurring. � <br />-3- <br />�V � <br />
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