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Inst 2006181158
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Inst 2006181158
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12/22/2010 5:07:32 PM
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12/22/2010 5:07:30 PM
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CM City Clerk-City Council
Document Date (6)
4/26/2006
Recorded Document Type
Deed of Trust
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PERM
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Inst 2010336107
(Reference)
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\City Clerk\City Council\Recorded Documents\2010
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postpone such sale by public announcement at the time and place fixed by the preceding <br /> postponement. Trustee shall deliver to the purchaser its deed conveying the property so sold, but <br /> without any covenant or warranty, express or implied. The recitals in such deed of any matters <br /> or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, <br /> Trustee, or Beneficiary, may purchase at such sale. <br /> After deducting all costs, fees, and expenses of Trustee and of the trust hereby created, <br /> including reasonable attorneys' fees in connection with sale, Trustee shall apply the proceeds of <br /> sale to payment of all sums advanced or expended by Beneficiary or Trustee under the terms <br /> hereof and all outstanding sums then secured hereby, and the remainder, if any, to the person or <br /> persons legally entitled thereto. <br /> At any foreclosure sale, any person, including Trustor, Trustee or Beneficiary, may bid <br /> for and acquire the Property or any part of it to the extent permitted by then applicable law. <br /> instead of paying cash for such property, Beneficiary may settle for the purchase price by <br /> crediting the sales price of the property against the following obligations: <br /> a. First, the portion of the Secured Obligations attributable to the expenses of <br /> sale, costs of any action and any other sums for which Trustor is obligated to pay or reimburse <br /> Beneficiary or Trustee under Section 7.10(c); and <br /> b. Second, the remaining balance of all other Secured Obligations in any <br /> order and proportions as Beneficiary in its sole discretion may choose. <br /> 9. Tntstor's Waivers. To the fullest extent permitted by law, Trustor waives: (a) all <br /> statutes of limitations as a defense to any action or proceeding brought against Trustor by <br /> Beneficiary; (b) the benefit of all laws now existing or which may hereafter be enacted providing <br /> for any appraisement, valuation, stay, extension, redemption or moratorium; (c) all rights of <br /> marshalling in the event of foreclosure; and (d) all presentments, demands for performance, <br /> notices of nonperformance, protests, notices of protest, notices of dishonor, notices of acceptance <br /> of this Deed of Trust and of the existence, creation, or incurring of new or <br /> additional indebtedness, and demands and notices of every kind. <br /> 10. Miscellaneous Provisions. <br /> 10.1 Additional Provisions. The City Documents grant further rights to Beneficiary <br /> and contain further agreements and affirmative and negative covenants by Trustor which apply <br /> to this Deed of Trust and the Property. <br /> 10.2 Notices. Trustor requests that a copy of notice of default and notice of sale be <br /> mailed to Trustor at the address set forth below. That address is also the mailing address of <br /> Trustor as debtor under the UCC. Beneficiary's address set forth below is the address for <br /> Beneficiary as secured party under the UCC. Except for any notice required under applicable <br /> law to be given in another manner, all notices to be sent pursuant to this Deed of Trust shall be <br /> made in writing, and sent to the parties at their respective addresses specified below or to such <br /> other address as a party may designate by written notice delivered to the other parties in <br /> accordance with this Section. All such notices shall be sent by: <br /> 818002 -2 IS <br />
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