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Inst 2014298536
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Inst 2014298536
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2/6/2015 10:08:55 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
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agreement or other agreement affecting the lien or charge hereof. At any time and from time to <br /> time, without liability therefor and without notice, Beneficiary may(i)release any person liable <br /> for payment of any Secured Obligation, (ii) extend the time for payment or otherwise alter the <br /> terms of payment of any Secured Obligation; (iii) accept additional real or personal property of <br /> any kind as security for any Secured Obligation, or(iv) substitute or release any property <br /> securing the Secured Obligations. <br /> 7.17. Reconveyance. Upon written request of Beneficiary stating that all of the Secured <br /> Obligations have been paid in full, and upon surrender of this Deed of Trust, and the Note, <br /> Trustee shall reconvey, without warranty, the Property or so much of it as is then held under this <br /> Deed of Trust. The recitals in any reconveyance executed under this Deed of Trust of any <br /> matters or facts shall be conclusive proof of the truthfulness thereof. Trustor shall pay all fees of <br /> Trustee and all recordation fees related to such reconveyance. <br /> 7.18. Cure; Protection of Security. Upon the occurrence of an Event of Developer <br /> Default, either Beneficiary or Trustee may cure any breach or default of Trustor, and if it chooses <br /> to do so in connection with any such cure, Beneficiary or Trustee may also enter the Property <br /> and/or do any and all other things which it may in its sole discretion consider necessary and <br /> appropriate to protect the security of this Deed of Trust. Such other things may include: <br /> appearing in and/or defending any action or proceeding which purports to affect the security of, <br /> or the rights or powers of Beneficiary or Trustee under, this Deed of Trust; paying,purchasing, <br /> contesting or compromising any encumbrance, charge, lien or claim of lien which in <br /> Beneficiary's or Trustee's sole judgment is or may be senior.in priority to this Deed of Trust, <br /> such judgment of Beneficiary or Trustee to be conclusive as among Beneficiary,Trustee and <br /> Trustor; obtaining insurance and/or paying any premiums or charges for insurance required to be <br /> carried hereunder; otherwise caring for and protecting any and all of the Property; and/or <br /> employing counsel, accountants, contractors and other appropriate persons to assist Beneficiary <br /> or Trustee. Beneficiary and Trustee may take any of the actions permitted under this Section 7.18 <br /> with notice to Trustor. Any amounts disbursed by Beneficiary pursuant to this paragraph shall <br /> become additional indebtedness secured by this Deed of Trust. <br /> 7.19. Limited Partners Right to Cure. Trustor's limited partners, the Project lenders, and <br /> the fee owner of the Land shall have the right to cure any default of Trustor hereunder upon the <br /> same terms and conditions afforded to Trustor. Provided that Beneficiary has been given written <br /> notice of the address for delivery of notices to the limited partners, Project lenders, and the fee <br /> owner of the Land, Beneficiary shall provide any notice of default hereunder to such parties <br /> concurrently with the provision of such notice to Trustor, and as to the limited partners, Project <br /> lenders, and the fee owner of the Land, the cure periods specified herein shall commence upon <br /> the date of delivery of such notice in accordance with Section 10.2. <br /> 8. Default and Remedies. <br /> 8.1. Events of Default. Trustor acknowledges and agrees that an Event of Developer <br /> Default shall occur under this Deed of Trust upon the occurrence of any one or more of the <br /> following events: <br /> 144\221\1596079.2 <br />
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