Laserfiche WebLink
91294661 <br />can be given effect without the conflicting provision, and to this end the provisions of <br />this Deed of Trust and the Note are declared to be severable. As used herein, "costs", <br />"expenses" and "attorneys' fees" include all sums to the extent not prohibited by <br />applicable law or limited herein. <br />13. Transfer of the Property or a Beneficial Interest in Borrower. If all or <br />any part of the Property or any interest in it is sold or transferred (or if a beneficial <br />interest in Borrower is sold or transferred and Borrower is not a natural person), <br />without prior written approval of the City of San Leandro Redevelopment Agency, as <br />provided in the Note Lender may, at its option, require immediate payment in full of <br />all sums secured by this Deed of Trust. Prior approval by the City of San Leandro <br />Redevelopment Agency shall be reasonably based upon documentation provided by <br />Borrower relating to the financial capabilities and management expertise of the buyer <br />or transferee. <br />If Lender exercises this option, Lender shall give Borrower notice of <br />acceleration. The notice shall provide a period of not less than thirty (30) days from <br />the date the notice is delivered or mailed within which Borrower must pay all sums <br />secured by this Deed of Trust. If Borrower fails to pay these sums prior to the <br />expiration of this period, Lender may invoke any remedies permitted by this Deed of <br />Trust without further notice or demand on Borrower. <br />NON -UNIFORM COVENANTS. Borrower and Lender further covenant and <br />agree as follows: <br />14. Acceleration: Remedies. Except as provided in paragraph 13 hereof, <br />upon Borrower's breach of any covenant or agreement of Borrower in this Deed of <br />Trust, including the covenants to pay when due any sums secured by this Deed of <br />Trust, Lender prior to acceleration shall give notice to Borrower as provided in <br />paragraph 11 hereof specifying: (1) the breach; (2) the action required to cure such <br />breach; (3) a date, not less than ten (10) days from the date notice is mailed to <br />Borrower, by which such breach must be cured; and (4) that failure to cure such <br />breach if curable on or before the date specified in the notice may result in <br />acceleration of the sums secured by this Deed of Trust and sale of the Property. <br />Lender shall provide a copy of any such notice to any other lender of Borrower which <br />so requests. Lender shall be entitled to collect all reasonable costs and expenses <br />incurred in pursuing the remedies provided in this paragraph 14, including, but not <br />limited to, reasonable attorneys' fees. <br />Economic Development Agency Page 5 of 8 <br />Deed of Trust - Empire Austin San Leandro Partnership October 29, 1997 <br />