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Inst 2009198747
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Inst 2009198747
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Last modified
7/17/2009 3:29:09 PM
Creation date
7/17/2009 3:29:08 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/7/2009
Recorded Document Type
Deed of Trust
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PERM
Document Relationships
RDA Agmt 2009 Scribner Family Partnership Ltd
(Reference)
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\City Clerk\City Council\Agreements\2009
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including endorsement of Trustor's name on any instruments. Regardless of any <br />provision of this Deed of Trust, Beneficiary shall not be considered to have accepted <br />any property other than cash or immediately available funds in satisfaction of any <br />obligation of Trustor to Beneficiary, unless Beneficiary has given express written notice <br />of Beneficiary's election of that remedy in accordance with UCC Section 9621, as it may <br />be amended or recodified from time to time. <br />(d) Cure; Protection of Security. Either Beneficiary or Trustee may <br />cure any breach or default of Trustor, and if it chooses to do so in connection with any <br />such cure, Beneficiary or Trustee may also enter the Property and/or do any and all <br />other things which it may in its sole discretion consider necessary and appropriate to <br />protect the security of this Deed of Trust. Such other things may include: appearing in <br />and/or defending any action or proceeding which purports to affect the security of, or the <br />rights or powers of Beneficiary or Trustee under, this Deed of Trust; paying, purchasing, <br />contesting or compromising any encumbrance, charge, lien or claim of lien which in <br />Beneficiary's or Trustee's sole judgment is or may be senior in priority to this Deed of <br />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 <br />insurance required to be carried hereunder; otherwise caring for and protecting any and <br />all of the Property; and/or employing counsel, accountants, contractors and other <br />appropriate persons to assist Beneficiary or Trustee. Beneficiary and Trustee may take <br />any of the actions permitted under this Subsection 8.2(d) either with or without giving <br />notice to any Person, except for notices required under applicable law. Any amounts <br />disbursed by Beneficiary pursuant to this paragraph shall become additional <br />indebtedness secured by this Deed of Trust. <br />(e) UCC Remedies. Beneficiary may exercise any or all of the <br />remedies granted to a secured party under the UCC. <br />(f) Judicial Action. Beneficiary may bring an action in any court of <br />competent jurisdiction to foreclose this Deed of Trust in the manner provided by law for <br />foreclosure of mortgages on real property and/or to obtain specific enforcement of any <br />of the covenants or agreements of this Deed of Trust. <br />(g) Power of Sale. Under the power of sale hereby granted, <br />Beneficiary shall have the discretionary right to cause some or all of the Property, <br />including any Property which constitutes personal property, to be sold or otherwise <br />disposed of in any combination and in any manner permitted by applicable law. <br />8.3 Power of Sale. If Beneficiary elects to invoke the power of sale hereby <br />granted, Beneficiary shall execute or cause the Trustee to execute a written notice of <br />such default and of its election to cause the Property to be sold to satisfy the obligations <br />hereof, and shall cause such notice to be recorded in the office of the Recorder of each <br />County wherein the Property or some part thereof is situated. <br />Prior to publication of the notice of sale, Beneficiary shall deliver to Trustee this <br />Deed of Trust and the Note or other evidence of indebtedness which is secured hereby, <br />1177360-2 14 <br />
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