Trustee’s Sale. (i) Holder may execute and deliver to Trustee written declaration of default and demand for sale and written notice of default and of election to cause all or any part of the Property to be sold, which notice Trustee shall cause to be filed for record; and after the lapse of such time as may then be required by law following the recordation of such notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Borrowers or Grantor, shall sell such Property at the time and place fixed by Trustee in such notice of sale, either as a whole or in separate parcels and in such order as Holder may direct (Borrowers and Grantor each waiving any right to direct the order of sale), at public auction to the highest bidder for cash in lawful money of the United States (or cash equivalents acceptable to Trustee to the extent permitted by applicable law), payable at the time of sale. Trustee may postpone the sale of all or any part of the Property by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at such sale its deed conveying the property so sold, but without any covenant or warranty, express or implied, and the recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustee, Holder or any Lender, may purchase at such sale, and any bid by Holder or any Lender may be, in whole or in part, in the form of cancellation of all or any part of the Secured Indebtedness.
Trustee’s Sale. If, on or before the date scheduled for the sale of the Property, Borrower’s Event of Default has not been cured and the Debt has not been reinstated, Trustee, without demand on Borrower, shall sell the Property at the time and place fixed by Trustee in the notice of sale, either as a whole or in separate parcels, and in such order as Trustee may determine, at public auction, and to any Person, including Borrower, Lender or Trustee. The Property shall be sold to the highest bidder for cash payable at the time of sale. Notwithstanding the foregoing, instead of paying cash for the Property, Lender may credit the amount of its auction sale bid by the amount of the Debt, or any fraction thereof, including, without limitation, Trustee’s cost and expenses from the sale of the Property. Lender will be entitled to bid, at any trustee’s or foreclosure sale of the Property, the amount of the Environmental Damages (as hereinafter defined), any costs incurred by Lender with respect to any Environmental Problem and interest in addition to the amount of other Debt as a credit bid, the equivalent of cash. Furthermore, if a bid has been made by Lender in the amount of the Debt, other than Debt for Environmental Damages and any costs incurred by Lender with respect to any Environmental Problem incurred by Lender, any Debt comprised of the Environmental Damages and any costs incurred by Lender with respect to any Environmental Problem shall not be discharged by virtue of the full credit bid and shall remain an obligation of Borrower to be satisfied under this Security Instrument.
Trustee’s Sale. (i) Holder may execute and deliver to Trustee written declaration of default and demand for sale and written notice of default and of election to cause all or any part of the Property to be sold, which notice Trustee shall cause to be filed for record; and after the lapse of such time as may then be required by law following the recordation of such notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Borrowers or Grantor, shall sell such Property at the time and place fixed by Trustee in such notice of sale, either as a whole or in separate parcels and in such order as Holder may direct (Borrowers and Grantor each waiving any right to direct the order of sale), at public auction to the highest bidder for cash in lawful money of the United States (or cash equivalents acceptable to Trustee to the extent permitted by applicable law), payable at the time of sale. Trustee may postpone the sale of all or any part of the Property by public announcement at the time fixed by the preceding
Trustee’s Sale. When Grantor has defaulted, and Beneficiary has accelerated the time for payment of the Note as above provided, it shall be the duty of the Trustee, at the request of Beneficiary to enforce this Trust in the following manner, The Trustee shall advertise the time, place and terms of the sale of the Property or any part thereof for at least twenty-one (21) days preceding the day of sale by posting written or printed notices thereof at the courthouse door of the county where the Property, or any part thereof, is situated and which notice may be posted by the Trustee, or by any person acting for him and by filing a copy of such notice in the office of the County Clerk of the county in which the sale is made at least twenty-one (21) days preceding the date of sale; the Trustee shall then sell the Property or any part thereof in accordance with such notice at the courthouse door of the county in which the notice has been posted on the first Tuesday of any month between the hours of 10:00 o'clock a.m, and 4:00 o'clock p.m, to the highest bidder for cash, selling all or any portion of the Property, as an entirety, or in such parcels as the Trustee may elect, and the Trustee may make due conveyance to the purchaser, with general warranty binding the Grantor, its successors and assigns. Out of the proceeds of such sale, Trustee shall first pay all of the expenses of advertising the sale and making the conveyance, including a Trustee's commission or fee in a reasonable amount, which commission or fee shall be due and owing in addition to the attorney's fees provided for in the Note secured hereby. After payment of expenses and commissions, Beneficiary shall be paid the full amount of principal, interest, attorney's fees and other charges due and unpaid on the Note, with the balance of the proceeds of such sale, if any, to be paid by Grantor, its successors and assigns. The recitals in the conveyance to the purchaser shall be full and conclusive evidence of the truth of the matters therein stated, and all prerequisites to such sale shall be presumed to have been performed, and such sale and conveyance by the Trustee shall be conclusive against the Grantor, its successors and assigns. Beneficiary shall have the right to purchase at any sale of the Property or any part thereof if it is the highest bidder thereon and its shall have the right to have the amount for which the Property or any part thereof is sold credited on its indebtedness then owing. In the event a forec...
Trustee’s Sale. Beneficiary may require the Trustee to sell all or part of the Property, at public auction, to the highest bidder, for cash, at the county courthouse of the county in Texas in which the Property or any part thereof is situated, or if the Property is located in more than one county such sale or sales may be made at the courthouse in any county in which the Property is situated. All sales shall take place at such area of the courthouse as shall be properly designated from time to time by the commissioners court (or, if not so designated by the commissioners court, at such other area in the courthouse as may be provided in the notice of sale hereinafter described) of the specified county, between the hours of 10:00 o'clock a.m. and 4:00 o'clock p.m. (the commencement of such sale to occur within three hours following the time designated in the above described notice of sale as the earliest time at which such sale shall occur, if required by applicable law) on the first Tuesday of any month, after giving notice of the time, place and terms of said sale (including the earliest time at which such sale shall occur) and of the Property to be sold in the manner hereinafter described. Trustee may sell all or any portion of the Property, together or in lots or parcels. In no event shall Trustee be required to exhibit, present or display at any such sale any of the Personal Property described herein to be sold at such sale. Beneficiary may bid and become the purchaser of all or any part of the Property at any trustee's or foreclosure sale hereunder, and the amount of Beneficiary's successful bid may be credited on the Indebtedness.
Trustee’s Sale. Should Lender elect to foreclose by exercise of the power of sale contained herein, Lender shall notify Trustee and shall, if required, deposit with Trustee the Note, the original or a certified copy of this Deed of Trust, and such other documents, receipts and evidences of expenditures made and secured hereby as Trustee may require. The following paragraphs are subject to the provisions of applicable California law:
Trustee’s Sale. It shall be the duty of the Trustee and of his successors and substitutes in the Trust, on the Beneficiary’s request (which request is hereby presumed) to enforce the Trust by selling the RP Collateral at a public sale at auction held between 10 A.M. and 4 P.M. of the first Tuesday of a month. The sale shall take place at the county courthouse in the county in which the RP Collateral is located, or if it is located in more than one county, the sale will be made at the courthouse in one of those counties. The sale shall occur at the area at that courthouse which the commissioners’ court of that county has designated as the place where such sales are to take place by designation recorded in the real property records of that county, or if no area is so designated, then the notice of sale shall designate the area at the courthouse where the sale covered by that notice is to take place, and the sale shall occur in that area. Notice of the sale shall include a statement of the earliest time at which the sale will occur and shall be given at least twenty-one (21) days before the date of the sale (1) by posting at the courthouse door of each county in which the RP Collateral is located a written notice designating the county in which the RP Collateral will be sold, (2) by filing in the Office of the County Clerk of each county in which the RP Collateral is located a copy of the notice posted under subsection (1) above and (3) by the holder of the Obligations to which the power of sale is related serving written notice of the sale by certified mail on each debtor who, according to the records of a holder of the Obligations, is obligated to pay those Obligations. The sale shall begin at the time stated in the notice of sale or not later than three (3) hours after that time. If and to the extent that Texas Property Code Section 51.001 requires it, if any of the RP Collateral to be sold is used as a debtor’s residence, a holder of the Obligations shall serve that debtor with written notice by certified mail stating that debtor is in default under this Deed of Trust, and that debtor shall have at least twenty (20) days to cure the default before the entire Obligations are due and notice of sale is given. Service of any notice under this Section by certified mail is complete when the notice is deposited in the United States mail, postage prepaid and addressed to the debtor entitled to it at that debtor’s last known address as shown by the records of a holder of the Obli...
Trustee’s Sale. IN RE: Xxxxxxx Xxxxxx Xxxxx, a single man, and Xxxxxxxx Xxxxxxxx, a single woman, as joint tenants with right of survivorship Trust- ee’s Sale: For default in payment of debt and performance of obligation secured by Deed of Trust executed by Xxxx- xxx Xxxxxx Xxxxx, a single man, and Xxxxxxxx Xxxxxxxx, a single woman, as joint ten- ants with right of survivor- ship dated September 27, 2021 and recorded in the Of- fice of the Recorder of Deeds of Franklin County, Xxx- xxxxx as Document Number: 2118452 the undersigned Successor Trustee, at the request of the legal holder of said Note will on Monday, March 13, 2023 between the hours of 9:00 a.m. and 5:00 p.m., (at the specific time of 11:00 A.M.), at the North Front Door of the Court House, City of Union, County of Franklin, State of Missouri, sell at public ven- due to the highest bidder for cash the following described real estate, described in said Deed of Trust, and situated in Franklin County, State of Missouri, to wit: LOT 2B OF GARBS ES- TATES SUBDIVISION PLAT 2, A SUBDIVISION BEING PART OF THE NORTHEAST QR. OF THE NORTHEAST QR. IN SECTION 24, TOWN- SHIP 45 NORTH, RANGE 4 WEST OF THE 5TH P.M., AS PER PLAT OF RECORD IN DOCUMENT NO. 0822278 IN THE OFFICE OF THE RE- XXXXXX OF DEEDS. to satisfy said debt and cost. XXXXXXX & XXXXXX, P.C., Successor Trustee 000 Xxxxxx Xxxxx St. Louis, MO 00000 (000) 000-0000
Trustee’s Sale. (a) Should Beneficiary elect to sell the Trust Property which is real property pursuant to the power of sale granted hereby, upon such election, Beneficiary or Trustee shall give such notice of an Event of Default and election to sell as may then be required by low. Thereafter, upon the expiration of such time end the giving and filing of such notice of sale as may then be required by law, Trustee, at the time and place specified by the notice of sale, shall sell such Trust Property or any portion thereof specified by Beneficiary, at public auction to the highest bidder for cash in lawful money of the United States, subject, however, to the provisions of Section 4.05 hereof. Trustee may, ------------ and upon request of Beneficiary shall, from time to time postpone the sale by public announcement thereof at the time and place notified therefor. If the Trust Property consists of several lots or parcels, Beneficiary may elect to sell the Trust Property either as a whole or in separate lots or parcels, If Beneficiary elects to sell in separate lots or parcels, Beneficiary may designate the order in which such lets or parcels shall be offered for sale or sold. Any person, including Grantor, Trustee or Beneficiary, may purchase at the sale. To the extent permitted by law, upon any sale, Beneficiary shall execute end deliver to the purchaser or purchasers a deed or deeds conveying the property so sold, but without any covenant or warranty whatsoever, express or implied, whereupon such purchaser or purchasers shall be let into immediate possession. XI-8
Trustee’s Sale. (a) If an Event of Default shall occur and be continuing, Trustee will, at the request of Mortgagee, sell all or any part of the Mortgaged Property as an entirety or in parcels, by one sale or by several sales held at one time or at different times, all as Trustee in Trustee's discretion elects. The sale will be made in accordance with Texas Property Code Section 51.002 or any successor statute. If the Land is situated in more than one county, then required notices will be given in both or all of such counties, the Mortgaged Property may be sold in either or any such county, and such notices shall designate the county where the Mortgaged Property will be sold. The affidavit of any person having knowledge of the facts to the effect that require notices were posted, filed or mailed will be prima facie evidence of the facts recited in the affidavit. The Trustee's deed at any such sale will be with general warranty, and Mortgagor will warrant and forever defend the title of the purchaser or purchasers. Mortgagee may be the purchaser at any sale made hereunder, and credit the sale price against the Debt. Any deed so executed by Trustee will be prima facie proof of all factual matters stated in it. The purchaser or purchasers named in any such deed, and all persons subsequently dealing with the property purported to be thereby conveyed, will be fully protected in relying upon the truthfulness of factual matters stated in the deed. After any Trustee's sale, Mortgagor will surrender immediate possession and control of the property purchased to the purchaser. If Mortgagor falls to surrender possession, Mortgagor will be a tenant at will.
