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Deed - 076-0273-024 - File 1363, 2000
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Deed - 076-0273-024 - File 1363, 2000
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CM City Clerk-City Council
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Subject to the rights of senior mortgagees, if any are approved by the Beneficiary, the insurance policy shall <br />be issued in the name of the Trustor and the Beneficiary, as their interests appear. The insurance policy shall <br />contain an endorsement which provides that any proceeds shall be disbursed and used to repair or rebuild any such <br />improvements so damaged or destroyed. <br />The full replacement value of the improvements to be insured hereunder shall be determined by the <br />company issuing the policy at the time the policy is initially obtained. Not more frequently than once every two years, <br />either the Trustor or the Beneficiary shall have the right to notify the other party that it elects to have the replacement <br />value redetermined by the insurance company. <br />The insurance policy shall be issued by an insurance company authorized to do business in the State of <br />California with a financial rating of at least A VII status as rated in the most recent edition of Best's Key Rating Guide. <br />The policy shall contain an endorsement requiring 30 days written notice from the insurance company to both parties <br />before cancellation. <br />5. Defense of Security. Trustor agrees to appear in and defend any action or proceeding purporting to <br />affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, <br />including cost of evidence of title and attorneys' fees in a reasonable sum, in any such action or proceeding in which <br />Beneficiary or Trustee may appear. <br />6. Reimbursement of Costs. Trustor agrees to pay immediately and without demand all sums <br />expended by Beneficiary or Trustee pursuant to the provisions hereof, with interest from date of expenditure at the <br />amount allowed by law in effect at the date hereof. <br />7. Right to Cure. Should Trustor fail to make any payment or to do any act as herein provided, then <br />Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor. and without <br />releasing Trustor from any obligation hereof, may make or do the same in such manner and to such extent as either <br />may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said <br />property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or <br />the rights or powers of Beneficiary or Trustee; pay, purchase, contest, or compromise any encumbrance, charge, or <br />lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, or in <br />enforcing this Deed of Trust by judicial foreclosure, pay necessary expenses, employ counsel, and pay reasonable <br />attomeys' fees. Beneficiary may make or cause to be made reasonable entries upon and inspections of the Property, <br />provided that Beneficiary shall give Trustor notice prior to any such inspection specifying reasonable cause therefore <br />related to Beneficiary's interest in the Property. <br />B. It is mutually agreed that: <br />1. Condemnation Award. Subject to the rights of senior mortgagees, if any are approved by the <br />Beneficiary, any award of damages in connection with any condemnation for public use of or injury to the Property or <br />any part thereof is hereby assigned and shall be paid to Beneficiary who may apply such moneys received by it to <br />any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the <br />entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure <br />or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. <br />
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