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Inst 2012080053
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Inst 2012080053
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Last modified
2/6/2015 10:16:58 AM
Creation date
4/12/2012 12:55:47 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/1/2012
Recorded Document Type
Deed of Trust
Assignment of Rents
Retention
PERM
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Materials Transportation Authorization Act [49 U.S.C. Section 5101, et seq.], the Resource <br /> Conservation and Recovery Act [42 U.S.C. 6901, et seq.], the Federal Water Pollution Control <br /> Act [33 U.S.C. Section 1251], the Clean Air Act [42 U.S.C. Section 7401, et seq.], the California <br /> Underground Storage of Hazardous Substances Act [California Health and Safety Code Section <br /> 25280, et seq.], the California Hazardous Substances Account Act [California Health and Safety <br /> Code Section 25300, et seq.], the California Hazardous Waste Act [California Health and Safety <br /> Code Section 25100, et seq.], the California Safe Drinking Water and Toxic Enforcement Act <br /> [California Health and Safety Code Section 25249.5, et seq.], and the Porter - Cologne Water <br /> Quality Control Act [California Water Code Section 13000, et seq.], as they now exist or are <br /> hereafter amended, together with any regulations promulgated thereunder. <br /> 7.12 Notice of Claims: Defense of Security; Reimbursement of Costs. <br /> a. Notice of Claims. Trustor shall provide written notice to Beneficiary of any <br /> uninsured or partially uninsured loss affecting the Property through fire, theft, liability, or <br /> property damage in excess of an aggregate of Fifty Thousand Dollars ($50,000) within three <br /> business days of the occurrence of such loss. Trustor shall ensure that Beneficiary shall receive <br /> timely notice of, and shall have a right to cure, any default under any other financing document <br /> or other lien affecting the Property and shall use best efforts to ensure that provisions mandating <br /> such notice and allowing such right to cure shall be included in all such documents. Within three <br /> business days of Trustor's receipt thereof, Trustor shall provide Beneficiary with a copy of any <br /> notice of default Trustor receives in connection with any financing document secured by the <br /> Property or any part thereof. <br /> b. Defense of Security. At Trustor's sole expense, Trustor shall protect, preserve <br /> and defend the Property and title to and right of possession of the Property, the security of this <br /> Deed of Trust and the rights and powers of Beneficiary and Trustee created under it, against all <br /> adverse claims. <br /> c. Compensation; Reimbursement of Costs. Trustor agrees to pay all reasonable <br /> fees, costs and expenses charged by Beneficiary or Trustee for any service that Beneficiary or <br /> Trustee may render in connection with this Deed of Trust, including without limitation, fees and <br /> expenses related to provision of a statement of obligations or related to a reconveyance. Trustor <br /> further agrees to pay or reimburse Beneficiary for all costs, expenses and other advances which <br /> may be incurred or made by Beneficiary or Trustee in any efforts to enforce any terms of this <br /> Deed of Trust, including without limitation any rights or remedies afforded to Beneficiary or <br /> Trustee or both of them under Sections 7.18 and 8.2, whether or not any lawsuit is filed, or in <br /> defending any action or proceeding arising under or relating to this Deed of Trust, including <br /> reasonable attorneys' fees and other legal costs, costs of any disposition of the Property under the <br /> power of sale granted hereunder or any judicial foreclosure, and any cost of evidence of title. <br /> d. Notice of Changes. Trustor shall give Beneficiary prior written notice of any <br /> change in the address of Trustor and the location of any Property, including books and records <br /> pertaining to the Property. <br /> 7.13 Indemnification. Trustor shall indemnify, defend (with counsel reasonably <br /> acceptable to Beneficiary), and hold harmless the Trustee and the Indemnitees (as defined in <br /> 1755157.4 12 <br />
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