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Inst 2016145589
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Inst 2016145589
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Last modified
2/8/2018 8:58:09 AM
Creation date
7/7/2016 2:42:53 PM
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CM City Clerk-City Council
Document Date (6)
6/9/2016
Recorded Document Type
Deed of Trust
Assignment of Rents
Retention
PERM
Document Relationships
_CC Agenda 2014 0616 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
10A Action 2014 0616
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
Reso 2014-065
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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0 <br />postpone such sale by public announcement at the time and place fixed by the preceding <br />postponement. Trustee shall deliver to the purchaser its deed conveying the property so sold, but <br />without any covenant or warranty, express or implied. The recitals in such deed of any matters <br />or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, <br />Trustee, or Beneficiary, may purchase at such sale. <br />After deducting all costs, fees, and expenses of Trustee and of the trust hereby created, <br />including reasonable attorneys' fees in connection with sale, Trustee shall apply the proceeds of <br />sale to payment of all sums advanced or expended by Beneficiary or Trustee under the terms <br />hereof and all outstanding sums then secured hereby, and the remainder, if any, to the person or <br />persons legally entitled thereto. <br />Without limiting the generality of the foregoing, Trustor acknowledges and agrees that <br />regardless of whether or not a default has occurred hereunder, if an Event of Default has <br />occurred under the Loan Documents, and if in connection with such Event of Default <br />Beneficiary exercises its right to foreclose on the Property, then: (i) Beneficiary shall be entitled <br />to declare all amounts due under the Note immediately due and payable, and (ii) the proceeds of <br />any sale of the Property in connection with such foreclosure shall be used to pay all Secured <br />Obligations, including without limitation, the outstanding principal balance and all other <br />amounts due under the Note. <br />At any foreclosure sale, any person, including Trustor, Trustee or Beneficiary, may bid <br />for and acquire the Property or any part of it to the extent permitted by then applicable law. <br />Instead of paying cash for such property, Beneficiary may settle for the purchase price by <br />crediting the sales price of the property against the following obligations: <br />a. First, the portion of the Secured Obligations attributable to the expenses of <br />sale, costs of any action and any other sums for which Trustor is obligated to pay or reimburse <br />Beneficiary or Trustee under Section 7.12(c); and <br />b. Second, the remaining balance of all other Secured Obligations in any <br />order and proportions as Beneficiary in its sole discretion may choose. <br />8.4 Trustor's Riaht to Reinstate. Notwithstanding Beneficiary's acceleration of the <br />sums secured by this Deed of Trust, Trustor shall have the right to have any proceedings begun <br />by Beneficiary to enforce this Deed of Trust discontinued at any time prior to five days before <br />sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time <br />prior to entry of a judgment enforcing this Deed of Trust if. (a) Trustor pays Beneficiary all sums <br />which would be then due under the Loan Documents if the Secured Obligations had no <br />acceleration provision; (b) Trustor cures all breaches of any other covenants or agreements of <br />Trustor contained in this Deed of Trust; (c) Trustor pays all reasonable expenses incurred by <br />Beneficiary and Trustee in enforcing the covenants and agreements of Trustor contained in this <br />Deed of Trust, and in enforcing Beneficiary's and Trustee's remedies as provided herein, <br />including, but not limited to, reasonable attorney's fees; and (d) Trustor takes such action as <br />Beneficiary may reasonably require to assure that the lien of this Deed of Trust, Beneficiary's <br />interest in the Property and Trustor's obligation to pay the sums secured by this Deed of Trust <br />shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the <br />16 <br />
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