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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
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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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PERM
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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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each county in which the Property or some part thereof is located. Lender or Trustee <br /> shall mail copies of such notice in the manner prescribed by applicable law. Trustee <br /> shall have public notice of sale mailed to the persons and in the manner prescribed by <br /> applicablelaw. After the lapse of such time as may be required by applicable law, <br /> Trustee, without demand on Borrower, shall sell the Property at public auction .to the <br /> highest bidder at the time and place and under the terms designated in the notice of <br /> sale in one or more parcels and in such order as Trustee may determine. Trustee may <br /> postpone sale of all or any parcel of any previously scheduled sale. Lender or <br /> Lender's designee may purchase the Property at any sale. <br /> • <br /> Trustee shall deliver to the purchaser Trustee's deed conveying the Property so <br /> sold without any covenant or warranty, expressed or implied. The recitals in the <br /> Trustee's deed shall be prima facie evidence of the truth of the statements made <br /> therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all <br /> reasonable costs and expenses of the sale, including, but not limited to, reasonable <br /> • Trustee's and attorneys' fees and costs of title evidence; (b) to all sums secured by <br /> this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled <br /> thereto. <br /> 15. $orrower's Rivet to Reinstate. Notwithstanding Lender's acceleration <br /> of the sums secured by this Deed of Trust due to Borrower's breach, Borrower shall <br /> have the right to have any proceedings begun by Lender to enforce this Deed of Trust <br /> discontinued at any time prior to five days before sale of the Property pursuant to the <br /> power of sale contained in this Deed of Trust or at any time prior to entry of a <br /> judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which <br /> would be then due under this Deed of Trust if the Note had no acceleration <br /> provision; (b) Borrower cures all breaches of any other covenants or agreements of <br /> Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses <br /> incurred by Lender and Trustee in enforcing the covenants and agreements of <br /> • Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's <br /> remedies as provided herein, including, but not limited to, reasonable attorney's fees; <br /> and (d) Borrower takes such action as Lender may reasonably require to assure that <br /> the lien of this Deed of Trust, Lender's interest in the Property and Borrower's <br /> obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. <br /> Upon such payment and cure by Borrower, this Deed of Trust and the obligations <br /> secured hereby shall remain in full force and effect as if no acceleration had occurred. <br /> 16. AssivJnment of Rents: Appointment of Receiver: Lender in Possession. <br /> • <br /> Redevelopment Agency (Automall) <br /> Deed of Trust <br /> October 2, 1996 Page 8 of 10 <br />
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