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Agenda - 05-21-1991
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Agenda - 05-21-1991
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BOCC
Date
5/21/1991
Meeting Type
Regular Meeting
Document Type
Agenda
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if the Grantor shall pay the Note secured hereby in <br />accordance with its terms, together with interest thereon, and <br />any renewals.or extensions thereof in whole or in part, all other <br />sums secured hereby and shall comply with all of the covenants, <br />terms and conditions of this Deed of Trust, then this conveyance <br />shall be null and void and may be cancelled of record at the <br />request and the expense of the Grantor. If, however, there shall <br />be (a) any default in the payment of any sums due under the Note <br />or this Deed of Trust and such default is not cured within 10 <br />days from the due date, or (b) any default in any of the other <br />covenants, terms or conditions of the Note secured hereby, or any <br />failure or neglect to comply with the covenants, terms or <br />conditions contained in this Deed of Trust or any other <br />instrument securing the Note and such default is not cured within <br />20 days after written notice, or (c) the occurrence of a <br />Nonappropriation as described in the Note, then and in any of <br />such events, without further notice, it shall be lawful for and <br />the duty of the Trustee, upon request of the Beneficiary, to sell <br />the land herein conveyed at public auction for cash, after having <br />first giving such notice of hearing as to commencement of <br />foreclosure proceedings and obtained such findings or leave of <br />court as may then be required by law and giving such notice and <br />advertising the time and place of such sale in such manner as may <br />then be provided by law, and upon such and any resales and upon <br />compliance with the law then relating to foreclosure proceedings <br />under power of sale to convey title to the purchaser.in as full <br />and ample manner as the Trustee is empowered. The Trustee shall <br />be authorized to retain an attorney to represent him in such <br />proceedings. <br />The proceeds of the'Sale shall after the Trustee retains his <br />commission, together with reasonable attorneys' fees incurred by <br />the Trustee in such proceeding, be applied to the costs of sale, <br />including, but not limited to, costs of collection, taxes, <br />assessments, costs of recording, service fees and incidental <br />expenditures, the amount due on the Note hereby secured and <br />advancements and other sums expended by the Beneficiary according <br />to,the provisions hereof and otherwise as required by the then <br />existing law relating to foreclosures. The Trustee's commission <br />shall be five percent (5 %) of the gross proceeds of the sale or <br />the minimum sum of $300.00 whichever is greater, for a completed <br />foreclosure. In the event foreclosure is commenced, but not <br />completed, the Grantor shall pay all expenses incurred by <br />Trustee, including reasonably attorneys' fees, and a partial <br />commission computed on five percent (5 %) of the outstanding <br />indebtedness or the above stated minimum sum, whichever is <br />greater, in accordance with the following schedule, to -wit: <br />one - fourth thereof before the Trustee issues a notice.of hearing <br />on the right to foreclosure; one -half thereof after issuance of <br />said notice; three - fourths thereof after such hearing; and the <br />greater of the full commission or minimum sum after the initial <br />sale. <br />2 <br />
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