Common use of Trustee’s Sale Clause in Contracts

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. (ia) Holder Lender may execute exercise its power of sale as provided by applicable Arizona statues, including but not limited to A.R.S. §§ 33-807 and deliver 33-808. Without limiting the foregoing, Lender may cause to Trustee written declaration of default be delivered and demand for sale and recorded any written notice of default breach and non-performance and of election to cause all or any part of the Trust Property to be sold, which notice Trustee shall cause to be filed for recordsold that is required by law; 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 lawrequired, Trustee, without demand on Borrowers or GrantorTrustor, shall sell such Trust 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 Lender may direct (Borrowers and Grantor each Trustor 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 Trust 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 Trustee 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 secured Indebtedness.

Trustee’s Sale. Beneficiary may foreclose this Deed of Trust by way of a trustee’s sale pursuant to the provisions of Title 57, Chapter 1, Utah Code Annotated, as currently in effect, as amended, or in any other manner then permitted by law (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 Sale”). After the lapse of such time as may then be required by law following the recordation of such said notice of default, and notice of default and notice of sale having been given as then required by law, Trustee, without demand on Borrowers or GrantorTrustor, shall sell such the Subject Property on the date and at the time and place fixed by Trustee designated in such said notice of sale, either as a whole or in separate parcels parts or parcels, and in the absence of direction by Trustor, in such order as Holder it may direct (Borrowers and Grantor each waiving any right to direct the order of sale)determine, at public auction to the highest bidder for cash bidder, the purchase price payable 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 the sale. To the extent allowed by law, the person conducting the sale may, for any cause he or she deems expedient, postpone the sale from time to time until it shall be completed and, in every such case, postponement shall be given by public declaration thereof at the time and place last appointed for 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 execute and deliver to the purchaser at such sale its trustee’s deed conveying the said property so sold, but without any covenant or warranty, express or implied, and the . The recitals in such the trustee’s deed of any matters or facts shall be conclusive proof as to bona fide third parties of the truthfulness thereof. Any person, including Trustee, Holder or any LenderBeneficiary, may purchase bid at such the sale. Trustee shall apply the proceeds of the sale to payment of (1) the costs and expenses of exercising the power of sale and of the sale, including the payment of Trustee’s 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 attorney’s fees; (2) the Secured IndebtednessObligations; and (3) the remainder, if any, to the person or persons entitled thereto.