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Inst 2011092526
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Inst 2011092526
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4/22/2011 4:50:04 PM
Creation date
4/22/2011 4:50:01 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/7/2011
Recorded Document Type
Deed of Trust
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PERM
Document Relationships
RDA Agmt 2011 Las Palmas Development Partners
(Reference)
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\City Clerk\City Council\Agreements\2011
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notice from Beneficiary or Trustee; <br /> c. If Trustor's interest in the Property or any part thereof is voluntarily <br /> or involuntarily sold, transferred, leased, encumbered, or otherwise conveyed in <br /> violation of Section 7.6 hereof or if any other Transfer occurs in violation of the Loan <br /> Agreement and Trustor fails to rescind such conveyance or otherwise cure such breach <br /> within the time period specified in paragraph j below; <br /> d. Trustor fails to maintain the insurance coverage required hereunder <br /> or otherwise fails to comply with the requirements of Section 7.10 hereof and Trustor <br /> fails to cure such default within the applicable time specified in Section 7.10; <br /> e. Subject to Trustor's right to contest such charges as provided <br /> herein, Trustor fails to pay taxes or assessments due on the Land or the Improvements <br /> or fails to pay any other charge that may result in a lien on the Land or the <br /> Improvements, and Trustor fails to cure such default within 10 days. <br /> f. Any representation or warranty of Trustor contained in or made in <br /> connection with the execution and delivery of this Deed of Trust or in any certificate or <br /> statement furnished pursuant hereto or in any other Loan Document proves to have <br /> been false or misleading in any material adverse respect when made; <br /> g. If, pursuant to or within the meaning of the United States <br /> Bankruptcy Code or any other federal or state law relating to insolvency or relief of <br /> debtors ( "Bankruptcy Law "), Trustor or any general partner thereof (i) commences a <br /> voluntary case or proceeding; (ii) consents to the entry of an order for relief against <br /> Trustor or any general partner thereof in an involuntary case; (iii) consents to the <br /> appointment of a trustee, receiver, assignee, liquidator or similar official for Trustor or <br /> any general partner thereof; (iv) makes an assignment for the benefit of its creditors; or <br /> (v) admits in writing its inability to pay its debts as they become due. <br /> h. If a court of competent jurisdiction enters an order or decree under <br /> any Bankruptcy Law that (i) is for relief against Trustor or any general partner thereof in <br /> an involuntary case, (ii) appoints a trustee, receiver, assignee, liquidator or similar <br /> official for Trustor or any general partner thereof or substantially all of such entity's <br /> assets, (iii) orders the liquidation of Trustor or any general partner thereof, or (iv) issues <br /> or levies a judgment, writ, warrant of attachment or similar process against the Property <br /> or the Project or any part thereof, and in each case the order or decree is not released, <br /> vacated, dismissed or fully bonded within 60 days after its issuance. <br /> The holder of any other debt instrument secured by a mortgage or <br /> deed of trust on the Property or part thereof declares an event of default thereunder and <br /> exercises a right to declare all amounts due under that debt instrument immediately due <br /> and payable, subject to the expiration of any applicable cure period set forth in such <br /> holder's documents; or <br /> j. Trustor fails to perform any obligation arising under this Deed of <br /> Trust other than one enumerated in this Section 8.1, and does not cure that failure <br /> 1582131.3 16 <br />
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