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98102536
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Last modified
3/12/2012 11:26:11 AM
Creation date
10/19/2005 5:23:05 PM
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DEEDS
Inst Number
98102536
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' 98- i��s36 <br /> be sold, which notice Trustee shall cause to be duly filed for record in the appropriate <br /> offices of the County in which the Trust Estate is located; or <br /> (iv) exercise such other rights or remedies at law or in equity, <br /> 11. Foreclosur�e by Power of Sale. If Beneficiary elects to foreclose by exercise of <br /> the Power of Sale herein contained, Beneficiary shall notify Trustee and shall deposit with <br /> Trustee this Deed of Trust and any note evidencing the Indebtedness and such receipts and <br /> evidence of expenditures made and secured hereby as Trustee may require. <br /> (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be <br /> recorded, published and delivered to Trustor such Notice of Default and Notice of Sale <br /> as then required by law and by this Deed of Trust. Trustee shall, without demand on <br /> Trustor, after such time as may then be required by law and after recordation of such <br /> Notice of Default and after Notice of Sale having been given as required by law, sell the <br /> Trust Estate at the time and place of sale fixed by it in such Nodce of Sale, either as a <br /> whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in <br /> such order as it may determine, at public auction to the highest bidder for cash in lawful <br /> money of the United States payable at the dme of sale. Trustee shall deliver to such <br /> purchaser or purchasers thereof its good and sufficient deed or dceds conveying the <br /> property so sold, but without any covenant or wananty, express or implied. The recitals <br /> in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. <br /> Any person, including without limitadon Trustor, Trustee or Beneficiary, may purchase <br /> at such sale. <br /> (b) As may be permitted by law, after deducting all costs, fees and expenses <br /> of Trustee and of this Trust, including costs of evidence of dtle in connection with sale, <br /> Trustee shall apply the proceeds of sale to payment of(i) the Indebtedness (ii) all other <br /> � sums then secured hereby, and (ui) the remainder, if any, to the person or persons <br /> legatly entitled thereto. <br /> (c) Trustee may in the manner provided by law postpone sale of all or any <br /> portion of the Trust Estate. <br /> 12. 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 Loan Instrument or <br /> other agreement or any laws now or hereafter in force; notwithstanding, some or all of the such <br /> indebtedness and obligations secured hereby may now or hereafter be otherwise secared, whether <br /> by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of <br /> this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale <br /> or other powers herein contained, shall prejudice or in any manner affect Trustee's or <br /> Beneficiary's right to realize upon or enforce any other security now or hereafter held by Trustee <br /> or Beneficiary, it being agreed that Trustee and Beneficiary, and each of them, shall be entitled <br /> to enforce this Deeci of Trust and any other security now or hereafter held by Beneficiary or <br /> oiis�io.i 5 <br />
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