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Inst 2000089919
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Inst 2000089919
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Last modified
8/27/2010 1:18:15 PM
Creation date
7/20/2010 1:14:09 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
3/27/2000
Recorded Document Type
Deed of Trust
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PERM
Document Relationships
Agmt 2000 Davis Street Community Center
(Reference)
Path:
\City Clerk\City Council\Agreements\2000
Reso 2000-003
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2000
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4. Hazard Insurance. Trustor shall keep the improvements and personal property <br />now existing or hereafter erected on the Property insured against loss by fire, vandalism and <br />malicious mischief by a policy of standard fire and extended all-risk insurance. The policy shall <br />be written on a full replacement value basis. <br />Subject to the rights of senior mortgagees, the insurance policy shall be issued in the <br />name of the Trustor and the Beneficiary, as their interests appear. The insurance policy shall <br />contain an endorsement which provides that any proceeds shall be disbursed and used to repair <br />or rebuild any such improvements so damaged or destroyed. <br />The full replacement value of the improvements to be insured hereunder shall be <br />determined by the company issuing the policy at the time the policy is initially obtained. Not <br />more frequently than once every two (2) years, either the Trustor or the Beneficiary shall have <br />the right to notify the other party that it elects to have the replacement value redetermined by the <br />insurance company. <br />The insurance policy shall be issued by an insurance company authorized to do <br />business in the State of California with a financial rating of at least A VII status as rated in the <br />most recent edition of Best's Key Rating Guide. The policy shall contain an endorsement <br />requiring thirty (30) days written notice from the insurance company to both parties before <br />cancellation. <br />5. Defense of Security. Trustor agrees to appear in and defend any action or <br />proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or <br />Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' <br />fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may <br />appear. <br />6. Reimbursement of Costs. Trustor agrees to pay immediately and without demand <br />all sums expended by Beneficiary or Trustee pursuant to the provisions hereof, with interest <br />from date of expenditure at the amount allowed by law in effect at the date hereof. <br />7. Right to Cure. Should Trustor fail to make any payment or to do any act as herein <br />provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or <br />demand upon Trustor and without releasing Trustor from any obligation hereof,. may make or do <br />the same in such manner and to such extent as either may deem necessary to protect the <br />security hereof, Beneficiary or Trustee being authorized to enter upon said property for such <br />purposes; appear in and defend any action or proceeding purporting to affect the security hereof <br />or the rights or powers of Beneficiary or Trustee; pay, purchase, contest, or compromise any <br />encumbrance, charge, or lien which in the judgment of either appears to be prior or superior <br />hereto; and, in exercising any such powers, or in enforcing this Deed of Trust by judicial <br />foreclosure, pay necessary expenses, employ counsel, and pay reasonable attorneys' fees. <br />Beneficiary may make or cause to be made reasonable entries upon and inspections of the <br />Property, provided that Beneficiary shall give Trustor notice prior to any such inspection <br />specifying reasonable cause therefor related to Beneficiary's interest in the Property. <br />3 <br />
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