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Inst 94326079
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Inst 94326079
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Last modified
3/10/2025 6:03:04 PM
Creation date
6/29/2016 3:29:58 PM
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CM City Clerk-City Council
Document Date (6)
10/6/1994
Recorded Document Type
Deed of Trust
Assignment of Rents
Retention
PERM
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0 <br />94326079 <br />information required by this paragraph for any lessee of the <br />subject property. <br />(7) Should Trustor fail to make any payment or to do <br />any act as herein provided, then Beneficiary or Trustee, but <br />without obligation so to do and without notice to or demand <br />upon Trustor and without releasing Trustor from any <br />obligation hereof, may: make or do the same in such manner <br />and to such extent as either may deem necessary to protect <br />the security hereof, Beneficiary or Trustee being authorized <br />to enter upon said property for such purposes; appear in and <br />defend any action or proceeding purporting to affect the <br />security hereof or the rights or powers of Beneficiary or <br />Trustee; pay, purchase, contest or compromise any <br />encumbrance, charge or lien which in the judgment of either <br />appears to be prior or superior hereto; and, in exercising <br />any such powers, or in enforcing this Deed of Trust by <br />judicial foreclosure, pay necessary expenses, employ counsel <br />and pay his reasonable fees. <br />G. It is mutually agreed that: <br />(1) Any award of damages in connection with any <br />condemnation for public use of or injury to said property or <br />any part thereof is hereby assigned and shall be paid to <br />Beneficiary who may apply or release such moneys received by <br />him in the same manner and with the same effect as above <br />provided for disposition of proceeds of fire or other <br />insurance. <br />(2) By accepting payment of any sum secured hereby <br />after its due date, Beneficiary does not waive his right <br />either to require prompt payment when due of all other sums <br />so secured or to declare default for failure to so pay. <br />(3) At any time or from time to time, without <br />liability therefor and without notice, upon written request <br />of Beneficiary and presentation of this Deed of Trust and <br />said note for endorsement, and without affecting the <br />personal liability of any person for payment of the <br />indebtedness secured hereby, Trustee may: reconvey to <br />Trustor all or any part of said property; consent to the <br />making of any map or plat thereof; join in granting any <br />easement thereon; or join in any extension agreement or any <br />agreement subordinating the lien or charge hereof. <br />(4) Upon written request of Beneficiary stating <br />that all sums secured hereby have been paid, and upon <br />surrender of this Deed of Trust and said note to <br />Trustee for cancellation and retention and upon payment <br />of its fees, Trustee shall reconvey, without warranty, <br />the property then held hereunder. The recitals in any <br />4 <br />
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