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Inst 2006181159
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Inst 2006181159
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Last modified
12/22/2010 5:10:26 PM
Creation date
12/22/2010 5:10:25 PM
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CM City Clerk-City Council
Document Date (6)
4/26/2006
Recorded Document Type
Deed of Trust
Retention
PERM
Document Relationships
Inst 2010336107
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2010
Inst 2010336109
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2010
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25280, et seq.], the California Hazardous Substances Account Act [California Health and Safety <br /> 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 seq.], and the Porter - Cologne Water <br /> Quality Control Act [California Water Code Section 13000, et seq.], as they now exist or are <br /> hereafter amended, together with any regulations promulgated thereunder. <br /> • 7.10 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 (S50,000) 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 all <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 7.15 and 8.2, whether or nct.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 /> 818010 -4 10 <br />
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