Orange County NC Website
Rev August 8, 2018 <br /> <br />29. Statute Inapplicable. The provisions of North Carolina General Statute sec. 45-45.1 <br />or any similar stature hereafter enacted in replacement or substitution thereof shall be <br />inapplicable to this Deed of Trust. <br /> <br />30. Definitions. As used herein the terms "Grantor", "Trustee", "Beneficiary" and other <br />terms shall refer to the singular, plural, neuter, masculine and feminine as the context may <br />require and shall include, be binding upon and inure to the benefit of their respective heirs, <br />successors, legal representatives and assigns. <br /> <br />BUT THIS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST: If the total <br />amount of the debt, interest, advances and other sums secured hereby are paid in full in <br />accordance with the terms of the Note and any Change Order Note and this Deed of Trust, <br />this conveyance shall be null and void and may be canceled of record at the request and cost <br />of the Grantor. If, however, there shall be a default in any of the terms and conditions of this <br />Deed of Trust, the Loan Agreement, or under the Note and any Change Order Note or any <br />advanced secured hereby, all sums owing to Beneficiary thereunder regardless of maturity <br />without notice shall immediately become due and payable at the option of Beneficiary; and, <br />on application of Beneficiary, Trustee shall foreclose this Deed of Trust by judicial <br />proceedings or, at Beneficiary's election, Trustee shall sell (and is hereby empowered to sell) <br />the Premises at public sale to the last and highest bidder for cash (free of any equity of <br />redemption, homestead, dower, curtesy or other exemption, all of which are expressly <br />waived by Grantor) after compliance with applicable North Carolina laws relating to <br />foreclosure sales under power of sale and shall execute a conveyance in fee simple to the <br />successful purchaser at said sale. The proceeds of any such sale shall be applied in the <br />manner and in the order prescribed by applicable North Carolina laws, it being agreed that <br />the expenses of any such sale shall include a commission of five percent of the gross sales <br />price to Trustee for making such sale and for all services performed by him hereunder. <br />Beneficiary may bid and become the purchaser at any sale under this Deed of Trust. At any <br />such sale Trustee may at its election require the successful bidder immediately to deposit <br />with Trustee cash or certified check in an amount equal to all or any part of the successful <br />bid, and notice of any such requirement need not be included in the advertisement of the <br />notice of such sale. <br /> <br />IN WITNESS WHEREOF, this Deed of Trust has been duly signed, sealed and delivered <br />by Grantor the day and year first above written. <br /> <br /> <br />WITNESS: INDIVIDUAL GRANTOR: <br /> <br />____________________________________ ____________________________(SEAL) <br /> <br />____________________________________ ____________________________(SEAL) <br /> <br /> <br /> <br />DocuSign Envelope ID: 62EC95C2-2AA8-49D7-B576-F94193C9DB65