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Inst 2016324623
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Inst 2016324623
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6/5/2019 7:34:04 AM
Creation date
1/19/2017 2:06:38 PM
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CM City Clerk-City Council
Document Date (6)
12/13/2016
Recorded Document Type
Deed of Trust
Assignment of Rents
Retention
PERM
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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 <br />property securing the Secured Obligations. <br />7.16 Reconveyance. Upon written request of Beneficiary stating that all of the <br />Secured Obligations have been paid in full, and upon surrender of this Leasehold Deed <br />of Trust, and the Note, Trustee shall reconvey, without warranty, the Property or so <br />much of it as is then held under this Leasehold Deed of Trust. The recitals in any <br />reconveyance executed under this Leasehold Deed of Trust of any matters or facts shall <br />be conclusive proof of the truthfulness thereof. Trustor shall pay all fees of Trustee and <br />all recordation fees related to such reconveyance. <br />8. Default and Remedies <br />8.1 Events of Default. Trustor acknowledges and agrees that an Event of <br />Default shall occur under this Leasehold Deed of Trust upon the occurrence of any one <br />or more of the following events: <br />(i) Beneficiary's declaration of an Event of Default under any Loan <br />Document, subject to the expiration of any applicable cure period set forth in such <br />document; <br />(ii) Trustor fails to perform any monetary obligation which arises under <br />this Leasehold Deed of Trust, and does not cure that failure within ten (10) days <br />following written notice from Beneficiary or Trustee; <br />(iii) Reserved. <br />(iv) Trustor fails to maintain the insurance coverage required under the <br />Loan Agreement or otherwise fails to comply with the requirements of Section 7.10 <br />hereof and Trustor fails to cure such default within the time specified in Section 7.10; <br />(v) Subject to Trustor's right to contest such charges as provided <br />herein, Trustor fails to pay taxes or assessments due on the Land or the Improvements <br />or fails to pay any other charge that may result in a lien on the Land or the <br />Improvements, and Trustor fails to cure such default within fifteen (15) days. <br />(vi) Any representation or warranty of Trustor contained in or made in <br />connection with the execution and delivery of this Leasehold Deed of Trust or in any <br />certificate or statement furnished pursuant hereto or in any other Loan Document <br />proves to have been false or misleading in any material adverse respect when made; <br />(vii) If, pursuant to or within the meaning of the United States <br />Bankruptcy Code or any other federal or state law relating to insolvency or relief of <br />debtors ("Bankruptcy Law"), Trustor (i) commences a voluntary case or proceeding; (ii) <br />consents to the entry of an order for relief against Trustor in an involuntary case; (iii) <br />consents to the appointment of a trustee, receiver, assignee, liquidator or similar official <br />12 <br />
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