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10B Action 2012 0117
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10B Action 2012 0117
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1/20/2012 5:54:50 PM
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1/10/2012 5:11:24 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
1/17/2012
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PERM
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_CC Agenda 2012 0117 CS+RG
(Reference)
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\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0117
Reso 2012-006
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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days after written notice from Beneficiary or Trustee in the event of a monetary default, or <br />within thirty (30) days after such written notice in the event of a nonmonetary default, provided <br />that in the case of a nonmonetary default that in Beneficiary's reasonable judgment cannot <br />reasonably be cured within thirty (30) days, an Event of Default shall not arise hereunder if <br />Trustor commences to cure such default within thirty (30) days and thereafter prosecutes such <br />cure to completion with due diligence and in good faith and in no event later than sixty (60) days <br />following receipt of notice of default. <br />8.2 Remedies. Subject to the applicable notice and cure provisions set forth herein, at <br />any time after an Event of Default, Beneficiary and Trustee shall be entitled to invoke any and all <br />of the rights and remedies described below, and may exercise any one or more or all, of the <br />remedies set forth in any Loan Document, and any other remedy existing at law or in equity or <br />by statute. All of Beneficiary's rights and remedies shall be cumulative, and the exercise of any <br />one or more of them shall not constitute an election of remedies. Beneficiary shall be entitled to <br />collect all expenses incurred in pursuing the remedies provided hereunder, including without <br />limitation reasonable attorneys' fees and costs. <br />a. Acceleration. Beneficiary may declare any or all of the Secured <br />Obligations, including without limitation all sums payable under the Note and this Deed of Trust, <br />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; obtaining and evicting <br />tenants; fixing or modifying Rents; collecting and receiving any payment of money owing to <br />Trustor; 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. Trustor <br />hereby irrevocably constitutes and appoints Beneficiary as Trustor's attorney -in -fact to perform <br />such acts and execute such documents as Beneficiary in its sole discretion may consider to be <br />appropriate in connection with taking these measures, including endorsement of Trustor's name <br />on any instruments. <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 />1755157.2 16 <br />
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