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RDA Agmt 1996 Batarse Family Trust etc
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RDA Agmt 1996 Batarse Family Trust etc
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Last modified
8/22/2013 2:04:41 PM
Creation date
9/27/2012 3:56:11 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
10/7/1996
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RDA Agmt 1997 Batarse Family Trust etc
(Reference)
Path:
\City Clerk\City Council\Agreements\1997
RDA Reso 1996-033
(Approved by)
Path:
\City Clerk\City Council\Resolutions\1996
Reso 1996-167
(Approved by)
Path:
\City Clerk\City Council\Resolutions\1996
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• <br /> Street, Oakland; CA 94603, Attn: Anthony A. Batarse, Jr. or at such other address as <br /> Borrower may designate by notice to Lender as provided herein, and (b) any notice to <br /> Lender shall be given by certified mail return receipt requested to Lender's address <br /> stated herein or to such other address as Lender may designate by notice to Borrower <br /> as provided herein. Any notice provided for in this Deed of Trust shall be deemed to <br /> have been given to Borrower or Lender when given in the manner designated herein <br /> two (2) days after deposit into the United States Mail, or on the date when <br /> personally served on the Borrowers or Lender. <br /> 12. Governing Law: Severability. The state and local laws applicable to this <br /> Deed of Trust shall be the laws of the State of California. The foregoing sentence <br /> shall not limit the applicability of Federal law to this Deed of Trust. In the event <br /> that any provision or clause of this Deed of Trust or the Note conflicts with <br /> applicable law, such conflict shall not affect other provisions of this Deed of Trust or <br /> the Note which can be given effect without the conflicting provision, and to this end <br /> the provisions of this Deed of Trust and the Note are declared to be severable. As <br /> used herein, "costs ", "expenses" and "attorneys' fees" include all sums to the extent <br /> not prohibited by applicable law or limited herein. <br /> 13. Transfer of the Property or a Beneficial Interest in Borrower. If all or <br /> any part of the Property or any interest in it is sold or transferred (or if a beneficial <br /> interest in Borrower is sold or transferred and Borrower is not a natural person) <br /> Lender may, at its option, require immediate payment in full of all sums secured by <br /> this Deed of Trust. <br /> • <br /> Notwithstanding the aforementioned, Borrower may at any time, without <br /> limitation, and without the necessity of approval from the Lender, make a transfer of <br /> the Property, or any part thereof, or any interest therein, or any improvements <br /> thereon, to: (i) a subsidiary, affiliate, parent or other entity which controls, is <br /> controlled by; or is under common control with Borrower; (ii) a successor corporation <br /> related to Borrower by merger, consolidation, non - bankruptcy reorganization, or <br /> govemment action; or (iii) a joint venture in which Borrower or any successor to <br /> Borrower under the preceding clauses (i) and (ii) is a venturer or partner. <br /> However, this option to require immediate payment in full of all sums secured <br /> by this Deed of Trust shall not be exercised by Lender if exercise is prohibited by <br /> federal law as of the date of this Deed of Trust, or if Lender has executed a separate <br /> written waiver of this option. <br /> Redevelopment Agency (Automall) <br /> Deed of Trust <br /> October 2, 1996 Page 6 of 10 <br /> • <br />
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