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Deed - 262 Davis St - File D-1366, 2013 0517
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Deed - 262 Davis St - File D-1366, 2013 0517
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10/4/2022 7:21:12 PM
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CM City Clerk-City Council
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Deed
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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 said 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 postpone sale of all or any portion of the Property by public announcement at such time and <br />place of sale, and from time to time thereafter may postpone such sale by public announcement <br />at the time and place fixed by the preceding postponement. Trustee shall deliver to the purchaser <br />its deed conveying the property so sold, but without any covenant or warranty, express or <br />implied. The recitals in such deed of any matters or facts shall be conclusive proof of the <br />truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary, may purchase at <br />such sale. <br />After deducting all costs, fees, and expenses of Trustee and of this Trust, including cost <br />of evidence of title and reasonable attorneys' fees in connection with sale, Trustee shall apply the <br />proceeds of sale to payment of all sums expended under the terms hereof, not then repaid, with <br />accrued interest at 3% (three percent) per annum; all other sums then secured hereby; and the <br />remainder, if any, to the person or persons legally entitled thereto. <br />9. Trustor's Right to Reinstate. Notwithstanding Beneficiary's acceleration of the <br />sums secured by this Deed of Trust due to Trustor's breach, Trustor shall have the right to have <br />any proceedings begun by Beneficiary to enforce this Deed of Trust discontinued at any time <br />prior to five days before sale of the Property pursuant to the power of sale contained in this Deed <br />of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if. (a) Trustor <br />pays Beneficiary all sums which would be then due under this Deed of Trust if the Note had no <br />acceleration provision; (b) Trustor cures all breaches of any other covenants or agreements of <br />Trustor contained in this Deed of Trust; (c) Trustor pays all reasonable expenses incurred by <br />Beneficiary and Trustee in enforcing the covenants and agreements of Trustor contained in this <br />Deed of Trust, and in enforcing Beneficiary's and Trustee's remedies as provided herein, <br />including, but not limited to, reasonable attorney's fees; and (d) Trustor takes such action as <br />Beneficiary may reasonably require to assure that the lien of this Deed of Trust, Beneficiary's <br />interest in the Property and Trustor's obligation to pay the sums secured by this Deed of Trust <br />shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the <br />obligations secured hereby shall remain in full force and effect as if no acceleration had <br />occurred. <br />10. Request for Notices. Trustor requests that copies of the notice of default and <br />notice of sale be sent to Trustor's address as set forth in Paragraph 6. Beneficiary requests that <br />copies of notices of foreclosure from the holder of any lien which has priority over this Deed of <br />Trust be sent to Beneficiary's address, as set forth on page one of this Deed of Trust, as provided <br />by Section 2924(b) of the Civil Code of California. <br />11. Statement of Obligation. Beneficiary may collect a fee not to exceed $50.00 for <br />furnishing the statement of obligation as provided by Section 2943 of the Civil Code of <br />California. <br />
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