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Inst 2011023352
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Inst 2011023352
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2/6/2015 10:17:38 AM
Creation date
3/10/2011 1:17:47 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/28/2010
Recorded Document Type
Deed of Trust
Assignment of Rents
Retention
PERM
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enter upon and inspect the Property to ensure compliance with the Loan Documents. <br /> Trustor shall maintain complete and accurate books of account and other records <br /> (including copies of supporting bills and invoices) adequate to document the use of the <br /> Loan Proceeds and the operation of the Property, together with copies of all written <br /> contracts, Leases and other instruments which affect the Property. The books, records, <br /> contracts, Leases and other instruments shall be subject to examination and inspection <br /> at any reasonable time by Beneficiary following two business days prior notice. <br /> 7.8 Charges. Liens, Taxes and Assessments. Trustor shall pay before <br /> delinquency all taxes, levies, assessments and other charges affecting the Property that <br /> are (or if not paid may become) a lien on all or part of the Property. Trustor may, at <br /> Trustor's expense, contest the validity or application of any tax, levy, assessment or <br /> charge affecting the Property by appropriate legal proceedings promptly initiated and <br /> conducted in good faith and with due diligence, provided that (i) Beneficiary is <br /> reasonable satisfied that neither the Property nor any part thereof or interest therein will <br /> be in danger of being sold, forfeited, or lost as a result of such contest, and (ii) Trustor <br /> shall have posted a bond or furnished other security as may reasonably be required <br /> from time to time by Beneficiary; and provided further that Trustor shall timely make any <br /> payment necessary to prevent a lien foreclosure, sale, forfeiture or loss of the Property. <br /> Trustor shall immediately discharge or cause to be discharged any lien on the <br /> Property (other than encumbrances approved by Beneficiary as of the date hereof in <br /> writing). Trustor shall pay when due each obligation secured by or reducible to a lien, <br /> charge or encumbrance which now does or later may encumber or appear to encumber <br /> all or part of the Property or any interest in it, whether or not such lien, charge or <br /> encumbrance is or would be senior or subordinate to this Deed of Trust. Trustor shall <br /> not be required to pay any tax, levy, charge or assessment so long as its validity is <br /> being actively contested in good faith and by appropriate actions and /or proceedings. <br /> 7.9 Subrogation. Beneficiary shall be subrogated to the liens of all <br /> encumbrances, whether released of record or not, which are discharged in whole or in <br /> part by Beneficiary in accordance with this Deed of Trust. <br /> 7.10 Hazard. Liability and Workers' Compensation Insurance. At all times <br /> during the term hereof, Trustor shall at Trustor's expense, maintain insurance policies in <br /> accordance with the requirements set forth in the Loan Agreement. Trustor shall file <br /> with Beneficiary prior to the commencement of the term hereof, certificates evidencing <br /> each of the insurance policies required pursuant to the Loan Agreement, and such <br /> certificates shall provide that at least thirty (30) days' prior written notice shall be <br /> provided to Beneficiary prior to the expiration, cancellation or change in coverage under <br /> each such policy. If any insurance policy required pursuant to the Loan Agreement is <br /> canceled or the coverage provided thereunder is reduced, Trustor shall, within ten (10) <br /> days after receipt of written notice of such cancellation or reduction in coverage, but in <br /> no event later than the effective date of cancellation or reduction, file with Beneficiary a <br /> certificate showing that the required insurance has been reinstated or provided through <br /> another insurance company or companies. Upon failure to so file such certificate, <br /> Beneficiary may, without further notice and at its option, procure such insurance <br /> 1177360-2 7 <br />
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