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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
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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
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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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evidence of the appointment of such trustee or trustees, and such new trustee or trustees shall <br /> succeed to all of the powers and duties of the Trustee named herein. <br /> 10.5 Attorneys' Fees and Costs. In any action or proceeding to foreclose this Deed of <br /> Trust or to enforce any right of Beneficiary or of Trustee, Trustor shall pay to Beneficiary and <br /> Trustee all costs of such action or proceeding, including reasonable attorneys' fees. <br /> 10.6 Governing Law; Severability; Interpretation. This Deed of Trust shall be <br /> governed by the laws of the State of California without regard to principles of conflicts of laws. <br /> Trustor agrees that any controversy arising under or in relation to this Deed of Trust shall be <br /> litigated exclusively in the jurisdiction where the Land is located ( "Property Jurisdiction "). <br /> The state and federal courts and authorities with jurisdiction in the Property Jurisdiction shall <br /> have exclusive jurisdiction over all controversies which shall arise under or in relation to the <br /> Agency Documents. Trustor irrevocably consents to service, jurisdiction, and venue of such <br /> courts for any such litigation, and waives any other venue to which it might be entitled by virtue <br /> of domicile, habitual residence or otherwise. If any provision of this Deed of Trust is held <br /> unenforceable or void, that provision shall be deemed severable from the remaining provisions, <br /> and shall in no way affect the validity of this Deed of Trust. The captions used in this Deed of <br /> Trust are for convenience only and are not intended to affect the interpretation or construction of <br /> the provisions herein contained. In this Deed of Trust, whenever the context so requires, the <br /> singular number includes the plural. <br /> 10.7 Waiver, Modification and Amendment. Any waiver by Beneficiary of any <br /> obligation of Trustor hereunder must be in writing, and no waiver shall he cc:;:: ued as a <br /> continuing waiver. No waiver shall be implied from any delay or failure by Beneficiary or <br /> Trustee to take action on account of any default of Trustor. Consent by Beneficiary or Trustee to <br /> any act or omission by Trustor shall not be construed as a consent to any other or subsequent act <br /> or omission or to waive the requirement for Beneficiary's or Trustee's consent to be obtained in <br /> any future or other instance. No amendment to or modification of this Deed of Trust shall be <br /> effective unless and until such amendment or modification is in writing, executed by Trustor and <br /> Beneficiary. Without limiting the generality of the foregoing, Beneficiary's acceptance of <br /> payment of any sum secured hereby after its due date shall not constitute a waiver by Beneficiary <br /> of its right either to require prompt payment when due of all other sums so secured or to declare <br /> default for failure so to pay. <br /> 10.8 Action By Beneficiary. Except as may be othenvise specifically provided herein, <br /> whenever any approval, notice, direction, or consent by the Beneficiary is required or permitted <br /> under this Agreement, such action shall be in writing, and such action may be given, made or <br /> taken by Beneficiary's Executive Director or by any person who shall have been designated by <br /> Beneficiary's Executive Director, without further approval by the governing board of <br /> Beneficiary. Beneficiary shall use reasonable best efforts to respond to requests for any such <br /> approval, notice, direction, or consent in a timely manner. In any approval, consent, or other <br /> determination by Beneficiary required hereunder, Beneficiary shall act reasonably and in good <br /> faith. <br /> 818010 -4 17 <br />
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