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Inst 2013042740
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Inst 2013042740
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2/6/2015 10:16:44 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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the other parties in accordance with this Section. All such notices shall be sent by: <br /> a. personal delivery, in which case notice shall be deemed delivered upon receipt; <br /> b. certified or registered mail, return receipt requested, in which case notice shall be <br /> deemed delivered two (2) business days after deposit, postage prepaid in the United States mail; or <br /> c. nationally recognized overnight courier, in which case notice shall be deemed <br /> delivered one (1) day after deposit with such courier. <br /> Beneficiary: City of San Leandro <br /> 835 East 14th Street <br /> San Leandro, CA 94577 <br /> Attn: City Manager <br /> Trustor: Cornerstone Community Development Corporation <br /> 2047 West Avenue <br /> San Leandro, CA 94577 <br /> Attn: Executive Director <br /> 10.3 Binding on Successors. The terms, covenants and conditions of this Deed of Trust shall <br /> be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, <br /> transferees, and assigns of the Trustor, Beneficiary and Trustee; provided however this Section 10.3 does <br /> not waive the provisions of Section 7.6. <br /> 10.4 Substitution of Trustee. Beneficiary may from time to time or at any time substitute a <br /> trustee or trustees to execute the trust hereby created, and when any such substitution has been filed for <br /> record in the office of the Recorder of Alameda County, it shall be conclusive evidence of the appointment <br /> of such trustee or trustees, and such new trustee or trustees shall succeed to all of the powers and duties <br /> of the Trustee named herein. <br /> 10.5 Attorneys' Fees and Costs. In any action or proceeding to foreclose this Deed of Trust or <br /> to enforce any right of Beneficiary or of Trustee, Trustor shall pay to Beneficiary and Trustee all costs of <br /> such action or proceeding, including reasonable attorneys' fees. <br /> 10.6 Governing Law; Severability; Interpretation. This Deed of Trust shall be governed by the <br /> laws of the State of California without regard to principles of conflicts of laws. Trustor agrees that any <br /> controversy arising under or in relation to this Deed of Trust shall be litigated exclusively in the jurisdiction <br /> where the Land is located (the"Property Jurisdiction"). The state and federal courts and authorities with <br /> jurisdiction in the Property Jurisdiction shall have exclusive jurisdiction over all controversies which shall <br /> arise under or in relation to the Loan Documents. Trustor irrevocably consents to service,jurisdiction, and <br /> venue of such courts for any such litigation, and waives any other venue to which it might be entitled by <br /> virtue of domicile, habitual residence or otherwise. If any provision of this Deed of Trust is held <br /> unenforceable or void, that provision shall be deemed severable from the remaining provisions, and shall in <br /> no way affect the validity of this Deed of Trust. The captions used in this Deed of Trust are for convenience <br /> only and are not intended to affect the interpretation or construction of the provisions herein contained. In <br /> this Deed of Trust, whenever the context so requires, the singular number includes the plural. <br /> 2002455.2 17 <br />
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