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8H Consent Calendar 2018 1217
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8H Consent Calendar 2018 1217
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12/11/2018 7:46:49 PM
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12/11/2018 7:46:48 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/17/2018
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PERM
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Reso 2018-160
(Approved by)
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\City Clerk\City Council\Resolutions\2018
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11 <br />security of, or the rights or powers of the Beneficiary or the Trustee under this Deed of <br />Trust; paying, purchasing, contesting, or compromising any encumbrance, charge, lien, <br />or claim of lien which in the Beneficiary's or the Trustee's sole judgment is or may be <br />senior in priority to this Deed of Trust, such judgment of the Beneficiary or the Trustee <br />to be conclusive as among the Beneficiary, the Trustee, and the Trustor; obtaining <br />insurance and/or paying any premiums or charges for insurance required to be carried <br />hereunder; otherwise caring for and protecting any and all of the Property; and/or <br />employing counsel, accountants, contractors, and other appropriate persons to assist <br />the Beneficiary or the Trustee. The Beneficiary and the Trustee may take any of the <br />actions permitted under this Subsection 6.2(d) either with or without giving notice to any <br />person, except for notices required under applicable law. Any amounts disbursed by <br />the Beneficiary pursuant to this paragraph shall become additional indebtedness <br />secured by this Deed of Trust. <br /> <br /> (e) UCC Remedies. The Beneficiary may exercise any or all of the <br />remedies granted to a secured party under the UCC. <br /> <br /> (f) Judicial Action. The 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 <br />of the covenants or agreements of this Deed of Trust. <br /> <br /> (g) Power of Sale. Under the power of sale hereby granted, the <br />Beneficiary shall have the discretionary right to cause some or all of the Property, <br />including any Property which constitutes personal property, to be sold or otherwise <br />disposed of in any combination and in any manner permitted by applicable law. <br /> <br /> 6.3 Power of Sale. If the Beneficiary elects to invoke the power of sale hereby <br />granted, the Beneficiary shall execute or cause the Trustee to execute a written notice <br />of such default and of its election to cause the Property to be sold to satisfy the <br />obligations hereof, and shall cause such notice to be recorded in the office of the <br />Recorder of each County wherein the Property or some part thereof is situated. <br /> <br />Prior to publication of the notice of sale, the Beneficiary shall deliver to the <br />Trustee this Deed of Trust and the Note or other evidence of indebtedness which is <br />secured hereby, together with a written request for the Trustee to proceed with a sale of <br />the Property, pursuant to the provisions of law and this Deed of Trust. <br /> <br />Notice of sale having been given as then required by law, and not less than the <br />time then required by law having elapsed after recordation of such notice of default, the <br />Trustee, without demand on the Trustor, shall sell the Property at the time and place <br />fixed by it in the notice of sale, either as a whole or in separate parcels and in such <br />order as it may determine, at public auction to the highest bidder for cash in lawful <br />money of the United States, payable at time of sale. The Trustee may, and at the <br />Beneficiary’s request shall, postpone sale of all or any portion of the Property by public <br />announcement at such time and place of sale, and from time to time thereafter may
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