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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
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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Any notice, demand or communication shall be deemed given, received, made or <br />communicated on the date personal delivery is effected or, if mailed in the manner herein <br />specified, on the delivery date or date delivery is refused by the addressee, as shown on the <br />return receipt. Either party may change its address at any time by giving written notice of such <br />change to Beneficiary or Trustor as the case may be, in the manner provided herein, at least ten <br />(10) days prior to the date such change is desired to be effective. <br />8.4 Successors and Joint Trustors. Where an obligation is created herein binding <br />upon Trustor, the obligation shall also apply to and bind any transferee or successors in interest. <br />Where the terms of the Deed of Trust have the effect of creating an obligation of the Trustor and <br />a transferee, such obligation shall be deemed to be a joint and several obligation of the Trustor <br />and such transferee. Where Trustor is more than one entity or person, all obligations of Trustor <br />shall be deemed to be a joint and several obligation of each and every entity and person <br />comprising Trustor. <br />8.5 Captions. The captions or headings at the beginning of each Section hereof are <br />for the convenience of the parties and are not a part of this Deed of Trust. <br />8.6 Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended <br />to be severable. In the event any term or provision hereof is declared to be illegal or invalid for <br />any reason whatsoever by a court or other body of competent jurisdiction, such illegality or <br />invalidity shall not affect the balance of the terms and provisions hereof, which terms and <br />provisions shall remain binding and enforceable. If the lien of this Deed of Trust is invalid or <br />unenforceable as to any part of the debt, or if the lien is invalid or unenforceable as to any part of <br />the Security, the unsecured or partially secured portion of the debt, and all payments made on the <br />debt, whether voluntary or under foreclosure or other enforcement action or procedure, shall be <br />considered to have been first paid or applied to the full payment of that portion of the debt which <br />is not secured or partially secured by the lien of this Deed of Trust. <br />8.7 Governing Law. This Deed of Trust shall be governed by and construed in <br />accordance with the laws of the State of California. <br />8.8 Gender and Number. In this Deed of Trust the singular shall include the plural <br />and the masculine shall include the feminine and neuter and vice versa, if the context so requires. <br />8.9 Deed of Trust, Mortgage. Any reference in this Deed of Trust to a mortgage shall <br />also refer to a deed of trust and any reference to a deed of trust shall also refer to a mortgage. <br />8.10 Actions. Trustor agrees to appear in and defend any action or proceeding <br />purporting to affect the Security. <br />8.11 Substitution of Trustee. Beneficiary may from time to time substitute a successor <br />or successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such <br />appointment, and without conveyance to the successor trustee, the latter shall be vested with all <br />title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each <br />such appointment and substitution shall be made by written instrument executed by Beneficiary, <br />containing reference to this Deed of Trust and its place of record, which, when duly recorded in <br />15 <br />144\221\1488737.2
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