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Inst 2007072355
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Inst 2007072355
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3/25/2009 12:39:40 PM
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3/25/2009 12:39:39 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/1/2007
Recorded Document Type
Deed of Trust
Retention
PERM
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Code Section 25300, et seq.], the California Hazardous Waste Act [California Health and Safety <br />Code Section 25100, et seq.], the California Safe Drinking Water and Toxic Enforcement Act <br />[California Health and Safety Code Section 25249.5, et seg.], and the Porter-Cologne Water <br />Quality Control Act [California Water Code Section ] 3000, et seq.], as they now exist or are <br />hereafter amended, together with any regulations promulgated thereunder. <br />7.l 0 Notice of Claims• Defense of Security; Reimbursement of Costs. <br />a. Notice of Claims. Trustor shall provide written notice to Beneficiary of any <br />uninsured or partially uninsured loss affecting the Property through fire, theft, liability, or <br />property damage in excess of an aggregate of Fifty Thousand Dollars ($50,000) within three <br />business days of the occurrence of such loss. Trustor shall ensure that Beneficiary shall receive <br />timely notice of and shall have a right to cure. any default under any other financing document <br />or other lien affecting the Property and shall use best efforts to ensure that provisions mandating <br />such notice and allowing such right to cure shall be included in all such documents. Within three <br />business days of Trustor's receipt thereof, Trustor shall provide Beneficiary with a copy of any <br />notice of default Trustor receives in connection with any financing document secured by the <br />Property or any part thereof. <br />b. Defense of Security. At Trustor's sole expense, Trustor shall protect, preserve and <br />defend the Property and title to and right of possession of the Property, the security of this Deed <br />of Trust and the rights and powers of Beneficiary and Trustee created under it, against al] <br />adverse claims. <br />c. Compensation; Reimbursement of Costs. Trustor agrees to pay all reasonable <br />fees, costs and expenses charged by Beneficiary or Trustee for any service that Beneficiary or <br />Trustee may render in connection with this Deed of Trust, including without limitation, fees and <br />expenses related to provision of a statement of obligations or related to a reconveyance. Trustor <br />further agrees to pay or reimburse Beneficiary for all costs, expenses and other advances which <br />may be incurred or made by Beneficiary or Trustee in any efforts to enforce any terms of this <br />Deed of Trust, including without limitation any rights or remedies afforded to Beneficiary or <br />Trustee or both of them under Sections 7.16 and 8.2, whether or not any lawsuit is filed, or in <br />defending any action or proceeding arising under or relating to this Deed of Trust, including <br />reasonable attorneys° fees and other legal costs, costs of any disposition of the Property under the <br />power of sale granted hereunder or any judicial foreclosure, and any cost of evidence of title. <br />d. Notice of Changes. Trustor shall give Beneficiary prior written notice of any <br />change in the address of Trustor and the location of any Property, including books and records <br />pertaining to the Property. <br />7.11 indemnification. Trustor shall indemnify, defend (with counsel reasonably <br />acceptable to Beneficiary), and hold harmless the Trustee and the Indemnitees (as defined in <br />Section 7.9) from and against all Claims arising directly or indirectly in any manner in <br />connection with or as a result of (a) any breach of Trustor's covenants under any Agency <br />Document, (b) any representation by Trustor in any Agency Document which proves to be false <br />or misleading in any material respect when made, (c) injury or death to persons or damage to <br />property or other loss occurring on the Land or in any improvement located thereon, whether <br />803766-5 10 <br />
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