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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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collect all expenses incurred in pursuing the remedies provided hereunder, including without <br /> limitation reasonable attorneys' fees and costs. <br /> a. Acceleration. Beneficiary may declare any or all of the Secured <br /> Obligations, including without limitation all sums payable under the Note and this Deed of Trust, <br /> to be due and payable immediately. <br /> b. Receiver. Beneficiary may apply to any court of competent jurisdiction <br /> for, and obtain appointment of, a receiver for the Property. <br /> C. Entry. Beneficiary, in person, by agent or by court-appointed receiver, <br /> may enter, take possession of,manage and operate all or any part of the Property, and may also <br /> do any and all other things in connection with those actions that Beneficiary may in its sole <br /> discretion consider necessary and appropriate to protect the security of this Deed of Trust. Such <br /> other things may include: taking and possessing copies of all of Trustor's or the then owner's <br /> books and records concerning the Property; entering into, enforcing, modifying, or canceling <br /> Leases on such terms and conditions as Beneficiary may consider proper; obtaining and evicting <br /> tenants; fixing or modifying Rents; collecting and receiving any payment of money owing to <br /> Trustor; completing any unfinished construction; and/or contracting for and making repairs and <br /> alterations. If Beneficiary so requests, Trustor shall assemble all of the Property that has been <br /> removed from the Land and make all of it available to Beneficiary at the site of the Land. Trustor <br /> hereby irrevocably constitutes and appoints Beneficiary as Trustor's attorney-in-fact to perform <br /> such acts and execute such documents as Beneficiary in its sole discretion may consider to be <br /> appropriate in connection with taking these measures, including endorsement of Trustor's name <br /> on any instruments. <br /> d. UCC Remedies. Beneficiary may exercise any or all of the remedies <br /> granted to a secured party under the UCC. <br /> e. Judicial Action. Beneficiary may bring an action in any court of <br /> competent jurisdiction to foreclose this Deed of Trust in the manner provided by law for <br /> foreclosure of mortgages on real property and/or to obtain specific enforcement of any of the <br /> covenants or agreements of this Deed of Trust. <br /> f. Power of Sale. Under the power of sale hereby granted, Beneficiary shall <br /> have the discretionary right to cause some or all of the Property, including any Property which <br /> constitutes personal property,to be sold or otherwise disposed of in any combination and in any <br /> manner permitted by applicable law. <br /> 8.3 Power of Sale. If Beneficiary elects to invoke the power of sale hereby granted, <br /> Beneficiary shall execute or cause the Trustee to execute a written notice of such default and of <br /> its election to cause the Property to be sold to satisfy the obligations hereof, and shall cause such <br /> notice to be recorded in the office of the Recorder of each County wherein the Property or some <br /> part thereof is situated as required by law and this Deed of Trust. <br /> Prior to publication of the notice of sale,Beneficiary shall deliver to Trustee this Deed of <br /> Trust and the Note or other evidence of indebtedness which is secured hereby,together with a <br /> 36 <br />
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