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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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Trustor at the Davis Street Community Center, 2306 Merced Street, San Leandro, or at such <br />other address as Trustor may designate by notice to Beneficiary as provided herein, and (b) any <br />notice to Beneficiary shall be given by certified mail return receipt requested to Beneficiary's <br />address stated herein or to such other address as Beneficiary may designate by notice to <br />Trustor as provided herein. Any notice provided for in this Deed of Trust shall be deemed to <br />have been given to Trustor or Beneficiary when given in the manner designated herein two (2) <br />days after deposit into the United States Mail, or on the date when personally served on the <br />Trustors or Beneficiary. <br />7. Due On Sale without the consent of Beneficiary. If the Property, any part of it, or <br />interest in it is sold, or if Trustor agrees to sell, convey, or alienate said property, by operation of <br />law or otherwise in violation of the transfer provisions of the Loan Agreement, all obligations <br />secured by this instrument, irrespective of the maturity dates expressed therein, at the option of <br />the holder thereof and without demand shall immediately become due and payable. <br />8. Powers of Sale. Upon default by Trustor in payment of any indebtedness secured <br />hereby or in performance of any agreement hereunder, after the expiration of applicable notice <br />and cure periods, all sums secured hereby shall immediately become due and payable at the <br />option of the Beneficiary. In the event of default, Beneficiary may employ counsel to enforce <br />payment of the obligations secured hereby, and shall execute or cause the Trustee to execute a <br />written notice of such default and of its election to cause to be sold the Property to satisfy the <br />obligations hereof, and shall cause such notice to be recorded in the office of the Recorder of <br />each 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 Deed of <br />Trust and the Note or other evidence of indebtedness which is secured hereby, together with a <br />written request for the Trustee to proceed with a sale of the property described herein, pursuant <br />to the provisions of law and this Deed of Trust. <br />Notice of sale having been given as then required by law, and not less than the time then <br />required by law having elapsed after recordation of such notice of default, Trustee, without <br />demand on Trustor, shall sell the Property at the time and place fixed by it in said notice of sale, <br />either as a whole or in separate parcels and in such order as it may determine, at public auction <br />to the highest bidder for cash in lawful money of the United States, payable at time of sale. <br />Trustee may postpone sale of all or any portion of the Property by public announcement at such <br />time and place of sale, and from time to time thereafter may postpone such sale by public <br />announcement at the time and place fixed by the preceding postponement. Trustee shall deliver <br />to the purchaser its deed conveying the property so sold, but without any covenant or warranty, <br />express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of <br />the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary, may purchase at <br />such sale. <br />After deducting all costs, fees, and expenses of Trustee and of this Trust, including cost <br />of evidence of title and reasonable attorneys' fees in connection with sale, Trustee shall apply <br />the proceeds of sale to payment of all sums expended under the terms hereof, not then repaid, <br />with accrued interest at seven percent (7%) per annum; all other sums then secured hereby; <br />and the remainder, if any, to the person or persons legally entitled thereto. <br />5 <br />
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