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Deed of Trust APN 782812 7528112 04232020
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Deed of Trust APN 782812 7528112 04232020
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9/22/2020 10:07:32 AM
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9/22/2020 9:40:42 AM
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CM City Clerk-City Council
Document Date (6)
4/23/2020
Recorded Document Type
Deed of Trust
Assignment of Rents
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PERM
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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 />written request for the Trustee to proceed with a sale of the Property, pursuant to the provisions <br />of law and this Deed of Trust. <br />Notice of sale having been given as then required by law, and not less than the time then <br />required by law having elapsed after recordation of such notice of default, Trustee, without <br />demand on Trustor, shall sell the Property at the time and place fixed by it in the notice of sale, <br />either as a whole or in separate parcels and in such order as it may determine, at public auction to <br />the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee <br />may, and at Beneficiary's -request shall, postpone sale of all or any portion of the Property by <br />public announcement at such time and place of sale, and from time to time thereafter may <br />postpone such sale by public announcement at the time and place fixed by the preceding <br />postponement. Trustee shall deliver to the purchaser its deed conveying the property so sold, but <br />without any covenant or warranty, express or implied. The recitals in such deed of any matters <br />or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, <br />Trustee, or Beneficiary, may purchase at such sale. <br />After deducting all costs, fees, and expenses of Trustee and of the trust hereby created, <br />including reasonable attorneys' fees in connection with sale, Trustee shall apply the proceeds of <br />sale to payment of all sums advanced or expended by Beneficiary or Trustee under the terms <br />hereof and all outstanding sums then secured hereby, and the remainder, if any, to the person or <br />persons legally entitled thereto. <br />Without limiting the generality of the foregoing, Trustor acknowledges and agrees that <br />regardless of whether or not a-default has occurred hereunder, if an Event of Default has <br />occurred under the City Documents, and if in connection with such Event of Default Beneficiary <br />exercises its right to foreclose on the Property, then: (i) Beneficiary shall be entitled to declare <br />all amounts due under the Note immediately due and payable, and (ii) the proceeds of any sale of <br />the Property in connection with such foreclosure shall be used to pay all Secured Obligations, <br />including without limitation, the outstanding principal balance and all other amounts due under <br />the Note. <br />At any foreclosure sale, any person, including Trustor, Trustee or Beneficiary, may bid <br />for and acquire the Property or any part of it to the extent permitted by then applicable law. <br />Instead of paying cash for such property, Beneficiary may settle for the purchase price by <br />crediting the sales price of the property against the following obligations: <br />a. First, the portion of the Secured Obligations attributable to the expenses of <br />sale, costs of any action and any other sums for which Trustor is obligated to pay or reimburse <br />Beneficiary or Trustee under Section 7 .11 ( c ); and <br />b. Second, the remaining balance of all other Secured Obligations in any <br />order and proportions as Beneficiary in its sole discretion may choose. <br />8.4 Trustor's Right to Reinstate. Notwithstanding Beneficiary's acceleration of the <br />sums secured by this Deed of Trust, Trustor shall have the right to have any proceedings begun <br />2890663.l 16
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