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Inst 2014298536
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Inst 2014298536
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Last modified
2/6/2015 10:08:55 AM
Creation date
2/6/2015 10:07:17 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
12/1/2014
Recorded Document Type
Deed of Trust
Assignment of Rents
Retention
PERM
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Inst 2014298535
(Reference)
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\City Clerk\City Council\Recorded Documents\2014
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Response, Compensation and Liability Act [42 U.S. C. Section 9601, et seq.], the Hazardous <br /> Materials Transportation Authorization Act [49 U.S.C. Section 5101, et seq.], the Resource <br /> Conservation and Recovery Act [42 U.S.C. 6901, et seq.], the Federal Water Pollution Control <br /> Act [33 U.S. C. Section 1251], the Clean Air Act [42 U.S.C. Section 7401, et seq.], the <br /> California Underground Storage of Hazardous Substances Act [California Health and Safety <br /> Code Section 25280, et seq.], the California Hazardous Substances Account Act [California <br /> Health and Safety Code Section 25300, et seq.], the California Hazardous Waste Act [California <br /> Health and Safety Code Section 25100, et seq.], the California Safe Drinking Water and Toxic <br /> Enforcement Act [California Health and Safety Code Section 25249.5, et seq.], and the Porter- <br /> Cologne Water Quality Control Act [California Water Code Section 13000, et seq.], as they now <br /> exist or are hereafter amended, together with any regulations promulgated thereunder. <br /> 7.12. Notice of Claims; Defense of Security; Reimbursement of Costs. <br /> a. Notice of Claims. Trustor shall provide written notice to Beneficiary of any <br /> uninsured or partially uninsured loss affecting the Property through fire,theft, liability, or <br /> property damage in excess of an aggregate of Fifty Thousand Dollars ($50,000) within five <br /> business days of the occurrence of such loss. Trustor shall use best efforts to ensure that <br /> Beneficiary shall receive timely notice of, and shall have a right to cure, any default under any <br /> other financing document or other lien affecting the Property and shall use best efforts to ensure <br /> that provisions mandating such notice and allowing such right to cure shall be included in all <br /> such documents. Within three business days of Trustor's receipt thereof,Trustor shall provide <br /> Beneficiary with a copy of any notice of default Trustor receives in connection with any <br /> financing document secured by the Property or any part thereof. <br /> b. Defense of Security.At Trustor's sole expense,Trustor shall protect,preserve and <br /> defend the Property and Trustor's interest in and right of possession of the Property, the security <br /> of this Deed of Trust and the rights and powers of Beneficiary and Trustee created under it, <br /> against all adverse claims. <br /> c. Compensation; Reimbursement of Costs. Trustor agrees to pay all reasonable <br /> fees, costs and expenses charged by Beneficiary or Trustee for any service that Beneficiary or <br /> Trustee may render in connection with this Deed of Trust, including without limitation, fees and <br /> expenses related to provision of a statement of obligations or related to a reconveyance. Trustor <br /> further agrees to pay or reimburse Beneficiary for all costs, expenses and other advances which <br /> may be incurred or made by Beneficiary or Trustee in any efforts to enforce any terms of this <br /> Deed of Trust, including without limitation any rights or remedies afforded to Beneficiary or <br /> Trustee or both of them under Sections 7.18 and 8.2, whether or not any lawsuit is filed, or in <br /> defending any action or proceeding arising under or relating to this Deed of Trust, including <br /> reasonable attorneys' fees and other legal costs, costs of any disposition of the Property under the <br /> power of sale granted hereunder or any judicial foreclosure, and any cost of evidence of title. <br /> d. Notice of Changes. Trustor shall give Beneficiary prior written notice of any <br /> change in the address of Trustor and the location of any property, including books and records <br /> pertaining to the Property. <br /> 144\221\1596079.2 <br />
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