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Deed of Trust Simas Trust
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Deed of Trust Simas Trust
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7/9/2024 8:35:34 AM
Creation date
9/22/2020 9:41:22 AM
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CM City Clerk-City Council
Document Date (6)
7/18/2019
Recorded Document Type
Deed of Trust
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8.3 Power of Sale. l,f Ben~ficiary elects to invoke the power of sale hereby <br />granted, Beneficiary shall execute or cause the Trustee to execute a written notice of such <br />default and of its election to cause the Property to be sold to satisfy the obligations hereof, <br />and shall cause such notice to be recorded in the office of the Recorder of each County <br />wherein the Property or some part thereof is situated. <br />Prior to publication of the notice of sale, Beneficiary shall deliver to Trustee this <br />Deed of Trust and the Note or other evidence of indebtedness which is secured hereby, <br />together with a written request for the Trustee to proceed with a sale of the Property, <br />pursuant to the provisions of law and this Deed of Trust. <br />Notice of sale having been given as then required by law, and not less than the time <br />then required by law having elapsed after recordation of such notice of default, Trustee, <br />without demand on Trustor, shall sell the Property at the time and place fixed by it in the <br />notice of sale, either as a whole or in separate parcels and in such order as it may <br />determine, at public auction to the highest bidder for cash in lawful money of the United <br />States, payable at time of sale. Trustee may, and at Beneficiary's request shall, postpone <br />sale of all or any portion of the Property by public announcement at such time and place of <br />sale, and from time to time thereafter may postpone such sale by public announcement at <br />the time and place fixed by the preceding postponement. Trustee shall deliver to the <br />purchaser its deed conveying the property so sold, but without any covenant or warranty, <br />express or implied. The recitals in such deed of any matters or facts shall be conclusive <br />proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary, may <br />purchase at such sale. <br />After deducting all costs, fees, and expenses of Trustee and of the trust hereby <br />created, including reasonable attorneys' fees in connection with sale, Trustee shall apply <br />the proceeds of sale to payment of all sums advanced or expended by Beneficiary or <br />Trustee under the terms hereof and all outstanding sums then secured hereby, and the <br />remainder, if any, to the person or persons legally entitled thereto. · <br />At any foreclosure sale, any person, including Trustor, Trustee or Beneficiary, may <br />bid for and acquire the Property or any part of it to the extent permitted by then applicable <br />law. Instead of paying cash for such property, Beneficiary may settle for the purchase price <br />by crediting the sales price of the property against the following obligations: <br />' ' <br />(a) First, the portion of the Secured Obligations attributable to the expenses <br />of sale, costs of any action and any other sums for which Trustor is obligated to pay or <br />reimburse Beneficiary or Trustee under Section 7.12(c); and <br />(b) Second, the remaining balance of all other Secured Obligations in any <br />order and 1proportions as Beneficiary in its sole discretion may choose. <br />9. Truster'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 <br />providing for any appraisement, valuation, stay, extension, redemption or moratorium; (c) <br />all rights of marshalling in the event of foreclosure; and (d) all presentments, demands for
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