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Inst 2018004642
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Inst 2018004642
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Last modified
3/9/2018 4:37:49 PM
Creation date
3/9/2018 4:28:39 PM
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CM City Clerk-City Council
Document Date (6)
1/8/2018
Recorded Document Type
Deed of Trust
Assignment of Rents
Retention
PERM
Document Relationships
Agmt 2017 Dan and Gina Dillman Loan Agreement
(Reference)
Path:
\City Clerk\City Council\Agreements\2017
Reso 2017-150
(Reference)
Path:
\City Clerk\City Council\Resolutions\2017
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[California Health and Safety Code Section 25249.5, et seq.], and the Porter-Cologne Water <br /> Quality Control Act [California Water Code Section 13000, et seq.], as they now exist or are <br /> hereafter amended, together with any regulations promulgated thereunder. <br /> 7.12 Notice of Claims• Defense of Security; Reimbursement of Costs. <br /> a. Notice of Claims. Trustor shall provide written notice to Beneficiary of any <br /> uninsured or partially uninsured loss affecting the Property through fire,theft, liability, or <br /> property damage in excess of an aggregate of Fifty Thousand Dollars($50,000)within ten <br /> business days of the occurrence of such loss. Trustor shall ensure that Beneficiary shall receive <br /> timely notice of, and shall have a right to cure, any default under any other financing document <br /> or other lien affecting the Property and shall use best efforts to ensure that provisions mandating <br /> such notice and allowing such right to cure shall be included in all such documents. Within three <br /> business days of Trustor's receipt thereof, Trustor shall provide Beneficiary with a copy of any <br /> notice of default Trustor receives in connection with any financing document secured by the <br /> Property or any part thereof. <br /> b. Defense of Security. At Trustor's sole expense, Trustor shall protect, preserve and <br /> defend the Property and title to and right of possession of the Property,the security of this Deed <br /> of Trust and the rights and powers of Beneficiary and Trustee created under it, against all <br /> adverse claims. <br /> C. Compensation• Reimbursement of Costs. Trustor agrees to pay all reasonable <br /> fees, costs and expenses charged by Beneficiary or Trustee for any service that Beneficiary or <br /> Trustee may render in connection with this Deed of Trust, including without limitation, fees and <br /> expenses related to provision of a statement of obligations or related to a reconveyance. Trustor <br /> further agrees to pay or reimburse Beneficiary for all costs, expenses and other advances which <br /> may be incurred or made by Beneficiary or Trustee in any efforts to enforce any terms of this <br /> Deed of Trust, including without limitation any rights or remedies afforded to Beneficiary or <br /> Trustee or both of them under Sections 7.18 and 8.2, whether or not any lawsuit is filed, or in <br /> defending any action or proceeding arising under or relating to this Deed of Trust, including <br /> reasonable attorneys' fees and other legal costs, costs of any disposition of the Property under the <br /> power of sale granted hereunder or any judicial foreclosure, and any cost of evidence of title. <br /> d. Notice of Changes. Trustor shall give Beneficiary prior written notice of any <br /> change in the address of Trustor and the location of any Property, including books and records <br /> pertaining to the Property. <br /> 7.13 Indemnification. Trustor shall indemnify, defend (with counsel reasonably <br /> acceptable to Beneficiary), and hold harmless the Trustee and the Indemnitees (as defined in <br /> Section 7.11)from and against all Claims arising directly or indirectly in any manner in <br /> connection with or as a result of(a) any breach of Trustor's covenants or event of default under <br /> any Loan Document, (b) any representation by Trustor in any Loan Document which proves to <br /> be false or misleading in any material respect when made, (c) injury or death to persons or <br /> damage to property or other loss occurring on the Land or in any improvement located thereon, <br /> whether caused by the negligence or any other act or omission of Trustor or any other person or <br /> by negligent, faulty, inadequate or defective design, building, construction or maintenance or any <br /> 32 <br />
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