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f <br /> election to cause to be sold said property,which notice Trustee shall cause to be filed for record. Beneficiary <br /> also shall deposit with Trustee this Deed,said note and all documents evidencing expenditures secured hereby. <br /> After the lapse of such time as may then be required by law following the recordation of said notice of <br /> default,and notice of sale having been given as then required by law. Trustee,without demand on Trustor, <br /> shall sell said property at the time and place fixed by it in said notice of sale,either as a whole or in separate <br /> parcels,and in such order as it may determine,at public auction to the highest bidder for cash in lawful money <br /> of the United States,payable at time of sale. Trustee may postpone sale of all or any portion of said property <br /> by public announcement at such time and place of sale,and from time to time thereafter may postpone such <br /> sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such <br /> purchaser its deed conveying the property so sold,but without any covenant or warranty,express or implied. <br /> The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any <br /> person,including Trustor,Trustee,or Beneficiary as hereinafter defined,may purchase at such sale. <br /> After deducting all costs,fees and expenses of Trustee and of this Trust,including cost of evidence of <br /> title in connection with 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 the amount allowed by law in effect at the date <br /> hereof;all other sums then secured hereby;and the remainder,if any,to the person or persons legally entitled <br /> thereto. <br /> (12)Beneficiary,or any successor in ownership of any indebtedness secured hereby,may from time to <br /> time,by instrument in writing, substitute a successor or successors to any Trustee named herein or acting <br /> hereunder,which instrument,executed by the Beneficiary and duly acknowledged and recorded in the office of <br /> the recorder of the county or counties where said property is situated, shall be conclusive proof of proper <br /> substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee <br /> predecessor,succeed to all its title,estate,rights,powers and duties. Said instrument must contain the name of <br /> the original Trustor,Trustee and Beneficiary hereunder,the book and page where this Deed is recorded and the <br /> name and address of the new Trustee. <br /> (13)That this Deed applies to,inures to the benefit o1;and binds all parties hereto,their heirs,legatees, <br /> devisees,administrators,executors,successors and assigns, The term Beneficiary shall mean the owner and <br /> holder,including pledges, of the note secured hereby whether or not named as Beneficiary herein. In this <br /> Deed,whenever the context so requires,the masculine gender includes the feminine and/or neuter,and the <br /> singular number includes the plural. <br /> (14)That Trustee accepts this Trust when this Deed,duly executed and acknowledged, is made a <br /> public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any <br /> other Deed of Trust or of any action or proceeding in which Trustor,Beneficiary or Trustee shall be a party <br /> unless brought by Trustee. <br /> ACKNOWLEDGMENT <br /> STATEATE OF CALIFORNIA Dated this ,day of f 2010. <br /> OF ) <br /> COUNTY OF FRESNO )r� <br /> On 0C_Q Q0f V before ma, r /� <br /> P N Iy appeared <br /> mcantke Richard L."Mick"Evans <br /> of satisfactory evidence to be the rson(s)whose naffs) <br /> subscri to the within instrument and acknowledged to me that <br /> executed some iml at rtaedcapacitytiea) <br /> and that by sll r signatureW on the smrmeat the pason(s),or Y <br /> the entity upon beafof which the person(s)acted,executed the <br /> instrument. Kimberly 17.E s <br /> I certify under PENALTY OF PERJURY underthe laws of <br /> the State of California that the foregoing paragraph is fire and correct <br /> WIB6 my hand and o$ytigl seal. <br /> SigiratureafN qry �`J`/-/J KATHLEEN S.DANIELS <br /> c COMM. #1880775 a <br /> Notary Publie-California <br /> Fresno County <br /> M Cotton. vas Fdt,?2,2014 <br /> Page 3 of 3 <br /> Order: Non-Order Search Doc:CASAN1:2010 00082462 Page 3 of 4 Created By:tuttyb Printed:5/31/2012 3:53:27 PM PST <br />