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Deed - 15370-15375 Tropic Ct - File 1329, 1999
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Deed - 15370-15375 Tropic Ct - File 1329, 1999
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CM City Clerk-City Council
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time then required by law having elapsed after recordation of such notice of default, <br />Trustee, without demand on Trustor, shall sell the Property at the time and place <br />fixed by it in said notice of sale, either as a whole or in separate parcels and in such <br />order as it may determine, at public auction to the highest bidder for cash in lawful <br />money of the United States, payable at time of sale. Trustee may postpone sale of all <br />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 <br />announcement at the time and place fixed by the preceding postponement. Trustee <br />shall deliver to the purchaser its deed conveying the property so sold, but without <br />any covenant or warranty, express or implied. The recitals in such deed of any <br />matters or facts shall be conclusive proof of the truthfulness thereof. Any person, <br />including Trustor, Trustee, or Beneficiary, may purchase at such sale. <br />After deducting all costs, fees, and expenses of Trustee and of this Trust, <br />including cost of evidence of title and reasonable attorneys' fees in connection with <br />sale, Trustee shall apply the proceeds of sale to payment of all sums expended under <br />the terms hereof, not then repaid, with accrued interest at seven percent (7%) per <br />annum; all other sums then secured hereby; and the remainder, if any, to the person <br />or persons legally entitled thereto. <br />9. Trustor's Right to Reinstate. Notwithstanding Beneficiary's <br />acceleration of the sums secured by this Deed of Trust due to Trustor's breach, <br />Trustor shall have the right to have any proceedings begun by Beneficiary to enforce <br />this Deed of Trust discontinued at any time prior to five days before sale of the <br />Property pursuant to the power of sale contained in this Deed of Trust or at any time <br />prior to entry of a judgment enforcing this Deed of Trust if: (a) Trustor pays <br />Beneficiary all sums which would be then due under this Deed of Trust if the Note <br />had no acceleration provision; (b) Trustor cures all breaches of any other covenants <br />or agreements of Trustor contained in this Deed of Trust; (c) Trustor pays all <br />reasonable expenses incurred by Beneficiary and Trustee in enforcing the covenants <br />and agreements of Trustor contained in this Deed of Trust, and in enforcing <br />Beneficiary's and Trustee's remedies as provided herein, including, but not limited to, <br />reasonable attorney's fees; and (d) Trustor takes such action as Beneficiary may <br />reasonably require to assure that the lien of this Deed of Trust, Beneficiary's interest <br />in the Property and Trustor's obligation to pay the sums secured by this Deed of <br />Trust shall continue unimpaired. Upon such payment and cure by Trustor, this <br />Deed of Trust and the obligations secured hereby shall remain in full force and effect <br />as if no acceleration had occurred. <br />7 <br />
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