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Inst 2014298539
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Inst 2014298539
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2/6/2015 10:15:27 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/23/2014
Recorded Document Type
Deed of Trust
Assignment of Rents
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PERM
Document Relationships
Agmt 2014 Alameda Housing Associates LP
(Reference)
Path:
\City Clerk\City Council\Agreements\2014
Inst 2014298538
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2014
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therein, shall have the right to apply to any court having jurisdiction to appoint a receiver or <br /> receivers of the Security(or a part thereof), and Trustor hereby irrevocably consents to such <br /> appointment and waives further notice of any application therefor. Any such receiver or <br /> receivers shall have all the usual powers and duties of receivers in like or similar cases, and all <br /> the powers and duties of Beneficiary in case of entry as provided herein, and shall continue as <br /> such and exercise all such powers until the date of confirmation of sale of the Security,unless <br /> such receivership is sooner terminated. <br /> 7.6 Remedies Cumulative. No right,power or remedy conferred upon or reserved to <br /> the Beneficiary by this Deed of Trust is intended to be exclusive of any other right,power or <br /> remedy,but each and every such right,power and remedy shall be cumulative and concurrent <br /> and shall be in addition to any other right, power and remedy given hereunder or now or <br /> hereafter existing at law or in equity. <br /> 7.7 No Waiver. <br /> A. No delay or omission of the Beneficiary to exercise any right,power or <br /> remedy accruing upon any Event of Default shall exhaust or impair any such right,power or <br /> remedy, or shall be construed to be a waiver of any such Event of Default or acquiescence <br /> therein; and every right,power and remedy given by this Deed of Trust to the Beneficiary may <br /> be exercised from time to time and as often as may be deemed expeditious by the Beneficiary. <br /> No consent or waiver, expressed or implied,by the Beneficiary to or any breach by the Trustor in <br /> the performance of the obligations hereunder shall be deemed or construed to be a consent to or <br /> waiver of obligations of the Trustor hereunder. Failure on the part of the Beneficiary to <br /> complain of any act or failure to act or to declare an Event of Default, irrespective of how long <br /> such failure continues, shall not constitute a waiver by the Beneficiary of its right hereunder or <br /> impair any rights,power or remedies consequent on any Event of Default by the Trustor. <br /> B. If the Beneficiary(i) grants forbearance or an extension of time for the <br /> payment of any sums secured hereby, (ii)takes other or additional security or the payment of any <br /> sums secured hereby, (iii)waives or does not exercise any right granted in the Loan Documents, <br /> (iv)releases any part of the Security from the lien of this Deed of Trust, or otherwise changes <br /> any of the terms, covenants, conditions or agreements in the Loan Documents, (v) consents to the <br /> granting of any easement or other right affecting the Security, or(iv)makes or consents to any <br /> agreement subordinating the lien hereof, any such act or omission shall not release, discharge, <br /> modify, change or affect the original liability under this Deed of Trust, or any other obligation of <br /> the Trustor or any subsequent purchaser of the Security or any part thereof, or any maker, co- <br /> signer, endorser, surety or guarantor(unless expressly released); nor shall any such act or <br /> omission preclude the Beneficiary from exercising any right,power or privilege herein granted <br /> or intended to be granted in any Event of Default then made or of any subsequent Event of <br /> Default, nor, except as otherwise expressly provided in an instrument or instruments executed by <br /> the Beneficiary shall the lien of this Deed of Trust be altered thereby. <br /> 7.8 Suits to Protect the Security. The Beneficiary shall have power to (a) institute <br /> and maintain such suits and proceedings as it may deem expedient to prevent any impairment of <br /> the Security and the rights of the Beneficiary as may be unlawful or any violation of this Deed of <br /> Trust, (b)preserve or protect its interest(as described in this Deed of Trust) in the Security, and <br /> 13 <br /> 144\221\1488737.2 <br />
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