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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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a. Acceleration. Beneficiary may declare any or all of the Secured <br /> Obligations, including without limitation all sums payable under the Agency Note and this Deed <br /> of Trust, to be due and payable immediately. <br /> b. Receiver. Beneficiary may apply to any court of competent jurisdiction <br /> for, and obtain appointment of, a receiver for the Property. <br /> c. Entry. Beneficiary, in person, by agent or by court- appointed receiver, <br /> may enter, take possession of, manage and operate all or any part of the Property, and may also <br /> do any and all other things in connection with those actions that Beneficiary may in its sole <br /> discretion consider necessary and appropriate to protect the security of this Deed of Trust. Such <br /> other things may include: taking and possessing copies of all of Trustor's or the then owner's <br /> books and records concerning the Property; entering into, enforcing, modifying, or canceling <br /> Leases on such terms and conditions as Beneficiary may consider proper; evicting tenants; fixing <br /> or modifying Rents; collecting and receiving any payment of money owing to Trustor; <br /> completing any unfinished construction; and/or contracting for and making repairs and <br /> alterations. If Beneficiary so requests, Trustor shall assemble all of the Property that has been <br /> removed from the Land and make all of it available to Beneficiary at the site of the Land. <br /> Trustor hereby irrevocably constitutes and appoints Beneficiary as Trustor's attorney -in -fact to <br /> perform such acts and execute such documents as Beneficiary in its sole discretion may consider <br /> to be appropriate in connection with taking these measures, including endorsement of Trustor's <br /> name on any instruments. <br /> • <br /> d. UCC Remedies. Beneficiary may exercise any or all of the remedies <br /> granted to a secured party under the UCC. <br /> e. 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 of the <br /> covenants or agreements of this Deed of Trust. <br /> Power of Sale. Under the power of sale hereby granted, Beneficiary shall <br /> have the discretionary right to cause some or all of the Property, including any Property which <br /> constitutes personal property, to be sold or otherwise disposed of in any combination and in any <br /> manner permitted by applicable law. <br /> 8.3 Power of Sale. If Beneficiary elects to invoke the power of sale hereby granted, <br /> Beneficiary shall execute or cause the Trustee to execute a written notice of such default and of <br /> its election to cause the Property to be sold to satisfy the obligations hereof, and shall cause such <br /> notice to be recorded in the office of the Recorder of each County wherein the Property or some <br /> part thereof is situated as required by law and this Deed of Trust. <br /> Prior to publication of the notice of sale, Beneficiary shall deliver to Trustee this Deed of <br /> Trust and the Agency Note or other evidence of indebtedness which is secured hereby, together <br /> with a written request for the Trustee to proceed with a sale of the Property, pursuant to the <br /> provisions of law and this Deed of Trust. <br /> 818010 -4 14 <br />
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