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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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improvement which may be constructed, damaged, or destroyed thereon, and shall pay when due <br /> all claims for labor performed and materials furnished therefor. Trustor shall use the Land and <br /> the Improvements solely for purposes authorized by the Loan Documents, shall not commit or <br /> allow waste of the Property, and shall not commit or allow any act upon or use of the Property <br /> which would violate any applicable law or order of any governmental authority, nor shall Trustor <br /> bring on or keep any article on the Property or cause or allow any condition to exist thereon <br /> which could invalidate or which would be prohibited by any insurance coverage required to be <br /> maintained on the Property pursuant to the Loan Documents. <br /> 7.6 Restrictions on Conveyance and Encumbrance; Acceleration. It shall be an Event <br /> of Default hereunder if the Property, any part thereof. or interest therein is sold, assigned, <br /> conveyed, transferred, hypothecated, leased. licensed, or encumbered in violation of the Loan <br /> Documents or if any other Transfer (as defined in the Loan Agreement) occurs in violation of the <br /> Loan Documents. I f any such Transfer shall occur in violation of such requirements, without <br /> limiting the provisions of Section 8 hereof, all obligations secured by this Deed of Trust, <br /> irrespective of the maturity dates of such obligations, shall at the option of Beneficiary, and <br /> without demand, immediately become due and payable, subject to any applicable cure period. <br /> 7.7 Inspections; Books and Records. Beneficiary and its agents and representatives <br /> shall have the right at any reasonable time upon reasonable notice to enter upon the Land and <br /> inspect the Property to ensure compliance with the Loan Documents. Trustor shall maintain <br /> complete and accurate books of account and other records (including copies of supporting bills <br /> and invoices) adequate to document the use of the Loan Proceeds and the operation of the <br /> Property, together with copies of all written contracts, Leases and other instruments which affect <br /> the Property. The books, records, contracts, Leases and other instruments shall be subject to <br /> examination and inspection by Beneficiary at any reasonable time following two business days <br /> prior notice. <br /> 7.8 Charges, Liens, Taxes and Assessments. Trustor shall pay before delinquency all <br /> taxes, levies assessments and other charges affecting the Property that are (or if not paid may <br /> become) a lien on all or part of the Property. Trustor may, at Trustor's expense, contest the <br /> validity or application of any tax, levy, assessment or charge affecting the Property by <br /> appropriate legal proceedings promptly initiated and conducted in good faith and with due <br /> diligence, provided that (i) Beneficiary is reasonably satisfied that neither the Property nor any <br /> part thereof or interest therein will be in danger of being sold, forfeited, or lost as a result of such <br /> contest, and (ii) Trustor shall have posted a bond or furnished other security as may reasonably <br /> be required from time to time by Beneficiary; and provided further that Trustor shall timely <br /> make any payment necessary to prevent a lien foreclosure, sale, forfeiture or loss of the Property. <br /> 7.9 Subrogation. Beneficiary shall be subrogated to the liens of all encumbrances, <br /> whether released of record or not, which are discharged in whole or in part by Beneficiary in <br /> accordance with this Deed of Trust. <br /> 7.10 Hazard. Liability and Workers' Compensation Insurance. At all times during the <br /> term hereof, at Trustor's expense, Trustor shall keep the Improvements and personal property <br /> now existing or hereafter located on the Property insured against loss by fire, vandalism and <br /> malicious mischief by a policy of standard fire and extended all -risk insurance. The policy shall <br /> 1755157.4 7 <br />
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