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Agmt 2009 Alameda Housing Associates LP
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Agmt 2009 Alameda Housing Associates LP
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7/24/2009 2:59:01 PM
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7/24/2009 2:58:54 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
4/6/2009
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Document Relationships
Agmt 2009 Alameda Housing Associates LP (2)
(Reference)
Path:
\City Clerk\City Council\Agreements\2009
Agmt 2013 Alameda Housing Associates LC
(Amended by)
Path:
\City Clerk\City Council\Agreements\2013
RDA Reso 2009-009
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2009
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7.16 Release, Extension, Modification. At any time and from time to time, <br />without liability therefor and without notice, upon written request of Beneficiary and <br />presentation of this Deed of Trust and the Note for endorsement, Trustee may release <br />or reconvey all or any part of the Property, consent to the making of any map or plat of <br />the Land or part thereof, join in granting any easement or creating any restriction <br />affecting the Property, or join in any extension agreement or other agreement affecting <br />the lien or charge hereof. At any time and from time to time, without liability therefor <br />and without notice, Beneficiary may (i) release any person liable for payment of any <br />Secured Obligation, (ii) extend the time for payment or otherwise alter the terms of <br />payment of any Secured Obligation; (iii) accept additional real or personal property of <br />any kind as security for any Secured Obligation, or (iv) substitute or release any <br />property securing the Secured Obligations. <br />7.17 Reconveyance. Upon written request of Beneficiary stating that all of the <br />Secured Obligations have been paid in full, and upon surrender of this Deed of Trust, <br />and the Note, Trustee shall reconvey, without warranty, the Property or so much of it as <br />is then held under this Deed of Trust. The recitals in any reconveyance executed under <br />this Deed of Trust of any matters or facts shall be conclusive proof of the truthfulness <br />thereof. Trustor shall pay all fees of Trustee and all recordation fees related to such <br />reconveyance. <br />7.18 Cure; Protection of Security. Upon the occurrence of an Event of <br />Developer Default, either Beneficiary or Trustee may cure any breach or default of <br />Trustor, and if it 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 <br />its sole discretion consider necessary and appropriate to protect the security of this <br />Deed of Trust. Such other things may include: appearing in and/or defending any action <br />or proceeding which purports to affect the security of, or the rights or powers of <br />Beneficiary or Trustee under, this Deed of Trust; paying, purchasing, contesting or <br />compromising any encumbrance, charge, lien or claim of lien which in Beneficiary's or <br />Trustee's sole judgment is or may be senior in priority to this Deed of Trust, such <br />judgment of Beneficiary or Trustee to be conclusive as among Beneficiary, Trustee and <br />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 <br />Property; and/or employing counsel, accountants, contractors and other appropriate <br />persons to assist Beneficiary or Trustee. Beneficiary and Trustee may take any of the <br />actions permitted under this Section 7.18 with notice to Trustor. Any amounts disbursed <br />by Beneficiary pursuant to this paragraph shall become additional indebtedness <br />secured by this Deed of Trust. <br />7.19 Limited Partners Right to Cure. Trustor's limited partners, the Project <br />lenders, and the fee owner of the Land shall have the right to cure any default of Trustor <br />hereunder upon the same terms and conditions afforded to Trustor. Provided that <br />Beneficiary has been given written notice of the address for delivery of notices to the <br />limited partners, Project lenders, and the fee owner of the Land, Beneficiary shall <br />provide any notice of default hereunder to such parties concurrently with the provision of <br />such notice to Trustor, and as to the limited partners, Project lenders, and the fee owner <br />1180284-f~ 15 <br />
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