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10A Action 2014 0915
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10A Action 2014 0915
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9/17/2014 2:43:50 PM
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9/10/2014 12:39:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/15/2014
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_CC Agenda 2014 0915 CS+RG
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0915
Reso 2014-104
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\City Clerk\City Council\Resolutions\2014
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(c) restrain the enforcement of or compliance with any legislation or other governmental <br />enactment, rule or order that may be unconstitutional or otherwise invalid, if the enforcement for <br />compliance with such enactment, rule or order would impair the Security thereunder or be <br />prejudicial to the interest of the Beneficiary. <br />7.9 Trustee May File Proofs of Claim. In the case of any receivership, insolvency, <br />bankruptcy, reorganization, arrangement, adjustment, composition or other proceedings affecting <br />the Trustor, its creditors or its property, the Beneficiary, to the extent permitted by law, shall be <br />entitled to file such proofs of claim and other documents as may be necessary or advisable in <br />order to have the claims of the Beneficiary allowed in such proceedings and for any additional <br />amount which may become due and payable by the Trustor hereunder after such date. <br />7.10 Waiver. The Trustor waives presentment, demand for payment, notice of <br />dishonor, notice of protest and nonpayment, protest, notice of interest on interest and late <br />charges, and diligence in taking any action to collect any sums owing under the Note or in <br />proceedings against the Security, in connection with the delivery, acceptance, performance, <br />default, endorsement or guaranty of this Deed of Trust. <br />ARTICLE 8. <br />MISCELLANEOUS <br />8.1 Amendments. This instrument cannot be waived, changed, discharged or <br />terminated orally, but only by an instrument in writing signed by Beneficiary and Trustor. <br />8.2 Reconveyance by Trustee. Upon written request of Beneficiary stating that all <br />sums secured hereby have been paid or forgiven, and upon surrender of this Deed of Trust to <br />Trustee for cancellation and retention, and upon payment by Trustor of Trustee's reasonable fees, <br />Trustee shall reconvey the Security to Trustor, or to the person or persons legally entitled thereto. <br />8.3 Notices. If at any time after the execution of this Deed of Trust it shall become <br />necessary or convenient for one of the parties hereto to serve any notice, demand or <br />communication upon the other party, such notice, demand or communication shall be in writing <br />and shall be served personally or by depositing the same in the registered United States mail, <br />return receipt requested, postage prepaid at the addresses specified below, as such may be <br />modified pursuant to the Loan Agreement. <br /> TRUSTOR: Alameda Housing Associates, L.P. <br /> 345 Spear Street, Suite 700 <br /> San Francisco, CA 94105 <br /> Attention: President <br /> <br /> BENEFICIARY: City of San Leandro <br /> 835 East 14th Street <br /> San Leandro, CA 94577 <br /> Attention: City Manager <br /> <br />14 <br />144\221\1488737.2
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