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Inst 97277997
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Inst 97277997
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Last modified
12/12/2006 10:15:20 AM
Creation date
5/1/2006 5:21:52 PM
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CM City Clerk-City Council
Document Date (6)
9/2/1997
Recorded Document Type
Deed of Trust
Retention
PERM
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<br />e <br /> <br />e <br /> <br />91271997 <br /> <br />16. Acceleration; Remedies. Lender shall give notice to Borrower prior to <br />acceleration following Borrower breach of any covenant or agreement in this Security <br />Instrument. The notice shall specify: (a) the default; (b) the action required to cure the <br />default; (c) a date, not less than thirty (30) days from the date the notice is given to <br />Borrower, by which the default must be cured; and (d) that failure to cure the default <br />on or before the date specified in the notice may result in acceleration of the sums <br />secured by this Security Instrument and sale of the Property. If the default is not cured <br />by the Borrower on or before the date specified in the notice, then Lender at its option <br />may require immediate payment in full of all sums secured by this Security Instrument <br />without further demand and may invoke the power of sale and any other remedies <br />permitted by applicable law. Lender shall be entitled to collect all expenses incurred in <br />pursuing this remedy, including, but not limited to, reasonable attorneys' fees and costs <br />of title evidence. <br /> <br />If Lender invokes the power of sale, Lender or Trustee shall mail copies of a notice <br />of sale in the manner prescribed by applicable law to Borrower and to the other persons <br />prescribed by applicable law. Trustee shall give notice of sale by public advertisement <br />for the time and in the manner prescribed by applicable law. Trustee, without demand <br />on Borrower, shall sell the Property at public auction to the highest bidder for cash at <br />the time and place and under the terms designated in the notice of sale in one or more <br />parcels and in any order Trustee determines. Trustee may postpone sale of the Property <br />to any later time on the same date by public announcement at the time and place of any <br />previously scheduled sale. Lender or its designee may purchase the Property at any sale. <br /> <br />Trustee shall deliver to the purchaser Trustee's deed conveying the Property <br />without any covenant or warranty, expressed or implied. The recitals in the Trustee's <br />deed shall be prima fascia evidence of the truth of the statements made therein. Trustee <br />shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, <br />including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums <br />secured by this Security Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br /> <br />17. Release. Upon payment of all sums secured by this Security Instrument, <br />Lender shall release this Security Instrument without charge to Borrower. Or, upon <br />expiration of two hundred and forty (240) months from the date of recordation of a <br />Certificate of Corporation for the Project if there has been no default, sale, conveyance, <br />assignment, or transfer to any other party(ies) of any interest or right of Borrower in the <br />property without prior written consent of Lender, Lender shall release this Security <br /> <br />Mission Bell Retrofit <br />Deed of Trust <br />July 24, 1997 <br /> <br />Page 8 of 10 <br />
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