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Deed of Trust 15101 Washington 07192022
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Deed of Trust 15101 Washington 07192022
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6/26/2024 5:26:50 PM
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8/9/2022 12:41:21 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/19/2022
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days after written notice from Beneficiary or Trustee in the event of a monetary default, or <br />within thirty (30) days after such written notice in the event of a nonmonetary default, provided <br />that in the case of a nonmonetary default that in Beneficiary's reasonable judgment cannot <br />reasonably be cured within thirty (30) days, an Event of Default shall not arise hereunder if <br />Trustor commences to cure such default within thirty (30) days and thereafter prosecutes such <br />cure to completion with due diligence and in good faith and in no event later than ninety (90) <br />days, or such longer period as the City may approve, following receipt of notice of default. <br />8.2 Remedies. Subject to the applicable notice and cure provisions set forth herein, at <br />any time after an Event of Default, Beneficiary and Trustee shall be entitled to invoke any and all <br />of the rights and remedies described below, and may exercise any one or more or all, of the <br />remedies set forth in any City Document, and any other remedy existing at law or in equity or by <br />statute, subject to the nonrecourse provisions set forth in the Note. All of Beneficiary's rights <br />and remedies shall be cumulative, and the exercise of any one or more of them shall not <br />constitute an election of remedies. Beneficiary shall be entitled to collect all expenses incurred <br />in pursuing the remedies provided hereunder, including without limitation reasonable attorneys' <br />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 />14 <br />
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