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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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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 /> obligations secured hereby shall remain in full force and effect as if no acceleration had <br /> occurred. <br /> 9. Trustor's Waivers. To the fullest extent permitted by law,Trustor waives: (a)all statutes <br /> of limitations as a defense to any action or proceeding brought against Trustor by Beneficiary; <br /> (b)the benefit of all laws now existing or which may hereafter be enacted providing for any <br /> appraisement, valuation, stay, extension, redemption or moratorium; (c) all rights of marshalling <br /> in the event of foreclosure; and(d) all presentments, demands for performance, notices <br /> of nonperformance,protests, notices of protest, notices of dishonor, notices of acceptance of this <br /> Deed of Trust and of the existence, creation, or incurring of new or additional indebtedness,and <br /> demands and notices of every kind. <br /> 10. Miscellaneous Provisions. <br /> 10.1 Additional Provisions. The Loan Documents grant further rights to Beneficiary <br /> and contain further agreements and affirmative and negative covenants by Trustor which apply <br /> to this Deed of Trust and the Property. <br /> 10.2 Notices. Trustor requests that a copy of notice of default and notice of sale be <br /> mailed to Trustor at the address set forth below. That address is also the mailing address of <br /> Trustor as debtor under the UCC. Beneficiary's address set forth below is the address for <br /> Beneficiary as secured party under the UCC. Except for any notice required under applicable <br /> law to be given in another manner, all notices to be sent pursuant to this Deed of Trust shall be <br /> made in writing, and sent to the parties at their respective addresses specified below or to such <br /> other address as a party may designate by written notice delivered to the other parties in <br /> accordance with this Section. All such notices shall be sent by: <br /> a. personal delivery, in which case notice shall be deemed delivered upon <br /> receipt; <br /> b. certified or registered mail, return receipt requested, in which case notice <br /> shall be deemed delivered two (2)business days after deposit, postage prepaid in the United <br /> States mail; <br /> C. nationally recognized overnight courier, in which case notice shall be <br /> deemed delivered one (1) day after deposit with such courier. <br /> 38 <br />
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