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Inst 2013042740
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Inst 2013042740
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Last modified
2/6/2015 10:16:44 AM
Creation date
3/4/2013 10:03:06 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
12/4/2012
Recorded Document Type
Deed of Trust
Assignment of Rents
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PERM
Document Relationships
Agmt 2008 Cornerstone Community Development Corp
(Reference)
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\City Clerk\City Council\Agreements\2008
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• <br /> of Beneficiary or Trustee to be conclusive as among Beneficiary, Trustee and Trustor; obtaining insurance <br /> and/or paying any premiums or charges for insurance required to be carried hereunder; otherwise caring <br /> for and protecting any and all of the Property; and/or employing counsel, accountants, contractors and <br /> other appropriate persons to assist Beneficiary or Trustee. Beneficiary and Trustee may take any of the <br /> actions permitted under this Section 7.18 with notice to Trustor. Any amounts disbursed by Beneficiary <br /> pursuant to this paragraph shall become additional indebtedness secured by this Deed of Trust. <br /> 8. Default and Remedies. <br /> 8.1 Events of Default. Trustor acknowledges and agrees that an Event of Default shall occur <br /> under this Deed of Trust upon the occurrence of any one or more of the following events: <br /> a. Beneficiary's declaration of an Event of Default under any Loan Document, <br /> subject to the expiration of any applicable cure period set forth in such document; <br /> b. Trustor fails to perform any monetary obligation which arises under this Deed of <br /> Trust, and does not cure that failure within ten (10)days following written notice from Beneficiary or <br /> Trustee; <br /> c. If the Property or any part thereof is voluntarily or involuntarily sold, transferred, <br /> leased, encumbered, or otherwise conveyed in violation of Section 7.6 hereof or if any other transfer occurs <br /> in violation of the Loan Documents. <br /> d. Trustor fails to maintain the insurance coverage required hereunder and fails to <br /> cure such default within ten (10)days, or otherwise fails to comply with the requirements of Section 7.10 <br /> hereof and Trustor fails to cure such default within the applicable time specified in Section 7.10; <br /> e. Subject to Trustor's right to contest such charges as provided herein, Trustor fails <br /> to pay taxes or assessments due on the Land or the Improvements or fails to pay any other charge that <br /> may result in a lien on the Land or the Improvements, and Trustor fails to cure such default within 30 days <br /> of the date of delinquency, but in all events prior to the imposition of any such lien; <br /> f. Any representation or warranty of Trustor contained in or made in connection with <br /> the execution and delivery of this Deed of Trust or in any certificate or statement furnished pursuant hereto <br /> or in any other Loan Document proves to have been false or misleading in any material adverse respect <br /> when made; <br /> g. If, pursuant to or within the meaning of the United States Bankruptcy Code or any <br /> other federal or state law relating to insolvency or relief of debtors("Bankruptcy Law"), Trustor or any <br /> general partner thereof(i) commences a voluntary case or proceeding; (ii)consents to the entry of an order <br /> for relief against Trustor or any general partner thereof in an involuntary case; (iii) consents to the <br /> appointment of a trustee, receiver, assignee, liquidator or similar official for Trustor or any general partner <br /> thereof; (iv) makes an assignment for the benefit of its creditors; or(v) admits in writing its inability to pay its <br /> debts as they become due; <br /> h. If a court of competent jurisdiction enters an order or decree under any Bankruptcy <br /> Law that(i) is for relief against Trustor or any general partner thereof in an involuntary case, (ii) appoints a <br /> trustee, receiver, assignee, liquidator or similar official for Trustor or any general partner thereof or <br /> 2002455.2 13 <br />
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