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Inst 2011092526
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Inst 2011092526
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4/22/2011 4:50:04 PM
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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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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 <br /> of the covenants or agreements of this Deed of Trust. <br /> f. Power of Sale. Under the power of sale hereby granted, <br /> Beneficiary shall have the discretionary right to cause some or all of the Property, <br /> including any Property which constitutes personal property, to be sold or otherwise <br /> disposed of in any combination and in any manner permitted by applicable law. <br /> 8.3 Power of Sale. If Beneficiary elects to invoke the power of sale hereby <br /> granted, Beneficiary shall execute or cause the Trustee to execute a written notice of <br /> such default and of its election to cause the Property to be sold to satisfy the obligations <br /> hereof, and shall cause such notice to be recorded in the office of the Recorder of each <br /> County wherein the Property or some part thereof is situated as required by law and this <br /> Deed of Trust. <br /> Prior to publication of the notice of sale, Beneficiary shall deliver to Trustee this <br /> Deed of Trust and the Note or other evidence of indebtedness which is secured hereby, <br /> together with a written request for the Trustee to proceed with a sale of the Property, <br /> pursuant to the provisions of law and this Deed of Trust. <br /> Notice of sale having been given as then required by law, and not less than the <br /> time then required by law having elapsed after recordation of such notice of default, <br /> Trustee, without demand on Trustor, shall sell the Property at the time and place fixed <br /> by it in the notice of sale, either as a whole or in separate parcels and in such order as it <br /> may determine, at public auction to the highest bidder for cash in lawful money of the <br /> United States, payable at time of sale. Trustee may, and at Beneficiary's request shall, <br /> postpone sale of all or any portion of the Property by public announcement at such time <br /> and place of sale, and from time to time thereafter may postpone such sale by public <br /> announcement at the time and place fixed by the preceding postponement. Trustee <br /> shall deliver to the purchaser its deed conveying the property so sold, but without any <br /> covenant or warranty, express or implied. The recitals in such deed of any matters or <br /> facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, <br /> Trustee, or Beneficiary, may purchase at such sale. <br /> After deducting all costs, fees, and expenses of Trustee and of the trust hereby <br /> created, including reasonable attorneys' fees in connection with sale, Trustee shall <br /> apply the proceeds of sale to payment of all sums advanced or expended by Beneficiary <br /> or Trustee under the terms hereof and all outstanding sums then secured hereby, and <br /> the remainder, if any, to the person or persons legally entitled thereto. <br /> Without limiting the generality of the foregoing, Trustor acknowledges and agrees <br /> that regardless of whether or not a default has occurred hereunder, if an Event of <br /> Default has occurred under the Loan Documents, and if in connection with such Event <br /> of Default Beneficiary exercises its right to foreclose on the Property, then: (i) <br /> Beneficiary shall be entitled to declare all amounts due under the Note immediately due <br /> and payable, and (ii) the proceeds of any sale of the Property in connection with such <br /> 1582131.3 18 <br />
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