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Agmt 2006 Allied Housing Program (2)
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Agmt 2006 Allied Housing Program (2)
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Last modified
5/10/2007 12:47:48 PM
Creation date
12/12/2006 4:53:03 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/3/2006
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PERM
Document Relationships
RDA Reso 2006-001
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2006
Reso 2006-045
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2006
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<br />7.15 Cure: Protection of Security. Either Beneficiary or Trustee may cure any breach <br />or default of Trustor, and ifit chooses to do so in connection with any such cure, Beneficiary or <br />Trustee may also enter the Property and/or do any and all other things which it may in its sole <br />discretion consider necessary and appropriate to protect the security of this Deed of Trust. Such <br />other things may include: appearing in and/or defending any action or proceeding which purports <br />to affect the security of, or the rights or powers of Beneficiary or Trustee under, this Deed of <br />Trust; paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim <br />of lien which in Beneficiary's or Trustee's sole judgment is or may'be senior in priority to this <br />Deed of Trust, such judgment of Beneficiary or Trustee to be conclusive as among Beneficiary, <br />Trustee and Trustor; obtaining insurance and/or paying any premiums or charges for insurance <br />required to be carried hereunder; otherwise caring for and protecting any and all of the Property; <br />and/or employing counsel, accountants, contractors and other appropriate persons to assist <br />Beneficiary or Trustee. Beneficiary and Trustee may take any of the actions permitted under this <br />Section 7.15 either with or without giving notice, except for notices required under applicable <br />law. Any amounts disbursed by Beneficiary pursuant to this paragraph shall become additional <br />indebtedness secured by this Deed of Trust. <br /> <br />8. Default and Remedies. <br /> <br />8.1 Events of Default. Trustor acknowledges and agrees that an Event of Default <br />shall occur under this Deed of Trust upon the occurrence of anyone or more of the following <br />events: <br /> <br />a. Beneficiary's declaration of an Event of Default under any City <br />Document, subject to the expiration of any applicable cure period set forth in such document; <br /> <br />b. Trustor fails to perform any monetary obligation which arises under this <br />Deed of Trust, and does not cure that failure within ten (10) days following written notice from <br />Beneficiary or Trustee; <br /> <br />c. If Trustor's interest in the Property or any part thereof is voluntarily or <br />involuntarily sold, transferred, leased, encumbered, or otherwise conveyed in violation of <br />Section 7.4 hereof or if any other Transfer occurs in violation ofthe Regulatory Agreement; <br /> <br />d. Trustor fails to maintain the insurance coverage required under the City <br />Documents or otherwise fails to comply with the requirements of Section 7.8 hereof and Trustor <br />fails to cure such default within the time specified in Section 7.8: <br /> <br />e. Subject to Trustor's right to contest such charges as provided herein, <br />Trustor fails to pay taxes or assessments due on the Land or the Improvements or fails to pay any <br />other charge that may result in a lien on the Land or the Improvements, and Trustor fails to cure <br />such default within 10 days. <br /> <br />f. Any representation or warranty of Trustor contained in or made in <br />connection with the execution and delivery of this Deed of Trust or in any certificate or <br />statement furnished pursuant hereto or in any other City Document proves to have been false or <br />misleading in any material adverse respect when made; <br /> <br />818002-2 <br /> <br />12 <br />
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