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10A Action 2014 0616
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10A Action 2014 0616
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Last modified
2/8/2018 10:11:00 AM
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6/11/2014 10:55:43 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/16/2014
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_CC Agenda 2014 0616 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
Inst 2016145589
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2016
Reso 2014-065
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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13 <br />7.18 Cure; Protection of Security. Either Beneficiary or Trustee may cure any breach <br />or default of Trustor, and if it chooses to do so in connection with any such cure, Beneficiary or <br />Trustee may also enter the Property and/or do any and all otherthings which it may in its sole <br />discretion consider necessary and appropriate to protect the security of this Deed of Trust. Such <br />other things may include: appearing in and/or defending any action or proceeding which purports <br />to affect the security of, or the rights or powers of Beneficiary or Trustee under, this Deed of <br />Trust; paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim <br />of lien which in Beneficiary’s or Trustee’s sole judgment is or may be senior in priority to this <br />Deed of Trust, such judgment of Beneficiary or Trustee to be conclusive as among Beneficiary, <br />Trustee and Trustor; obtaining insurance and/or paying any premiums or charges for insurance <br />required to be carried hereunder; otherwise caring for and protecting any and all of the Property; <br />and/or employing counsel, accountants, contractors and other appropriate persons to assist <br />Beneficiary or Trustee. Beneficiary and Trustee may take any of the actions permitted under this <br />Section 7.18either with or without giving notice, except for notices required under applicable <br />law. Any amounts disbursed by Beneficiary pursuant to this paragraph shall become additional <br />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 <br />shall occur under this Deed of Trust upon the occurrence of any one or more of the following <br />events: <br />a.Beneficiary’s declaration of an Event of Default under any Loan <br />Document, 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 <br />Deed of Trust, and does not cure that failure within ten (10) days following written notice from <br />Beneficiary or Trustee; <br />c.If Trustor’s interest in the Property or any part thereof is voluntarily or <br />involuntarily sold, transferred, leased, encumbered, or otherwise conveyed in violation of <br />Section 7.6hereof or if any other Transfer occurs in violation of the Loan Agreement and <br />Trustor fails to rescind such conveyance or otherwise cure such breach within the time period <br />specified in paragraph j below; <br />d.Trustor fails to maintain the insurance coverage required hereunder or <br />otherwise fails to comply with the requirements of Section 7.10hereof and Trustor fails to cure <br />such default within the time specified in Section 7.10; <br />e.Subject to Trustor’s right to contest such charges as provided herein, <br />Trustorfails to pay taxes or assessments due on the Land or the Improvements or fails to pay any <br />other charge that may result in a lien on the Land or the Improvements, and Trustor fails to cure <br />such default within 10 days. <br />f.Any representation or warranty of Trustor contained in or made in <br />connection with the execution and delivery of this Deed of Trust or in any certificate or <br />statement furnished pursuant hereto or in any other LoanDocument proves to have been false or
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