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Notice Rescission Ramos, Olivia 03-10-08_20191121
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Notice Rescission Ramos, Olivia 03-10-08_20191121
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
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in the official records of the Office of the County Recorder, of Alameda County, State of California. <br /> <br /> As a result of an error, inadvertence and mistake, an invalid document entitled “Deed of Reconveyance” (hereafter “Reconveyance”) was executed on March 28, 2001, and recorded on July <br /> 30, 2001 as Instrument No. 20011272739. The Reconveyance was, at the time of execution, and is hereby declared by the parties executing this Agreement to be a void instrument, because <br /> neither the Beneficiary, nor the Trustee, either at the time, or at any other time, intended to release the Deed of Trust with Assignment of Rents. <br /> <br /> The Deed of Trust with Assignment of Rents, Note, Loan, and Deed of Reconveyance are incorporated herein by this reference. <br /> <br /> Trustee, and Beneficiary desire to rescind said Reconveyance, reaffirm the continuing validity of the Deed of Trust with Assignment of Rents as a valid lien on the Property, and reaffirm <br /> the continuing validity of the Note and the debt it represents, to the same extent, force, priority and effect, as though said Reconveyance had never been signed and recorded. <br /> <br /> <br />STATEMENT OF AGREEMENT <br /> <br />In consideration of the foregoing recitals, and the mutual covenants contained herein and for other good and valuable consideration, receipt and sufficiency is hereby acknowledged, the <br /> parties, intending to be legally bound, agree as follows: <br /> <br /> Reaffirmation of The Deed of Trust with Assignment of Rents. The parties rescind the Reconveyance and reaffirm the continuing validity of the Deed of Trust with Assignment of Rents, <br /> and the Note, so that each is in force, effect and priority as it was on the date of the Reconveyance, subject to crediting all payments made by the Trustor on or after that date. <br /> <br /> Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the heirs, successors, and assigns of the parties. <br /> <br /> Recitals. The Recitals set forth at the beginning of this Agreement are acknowledged by the parties to be an integral part hereof and are, by this reference, deemed to be in force <br /> and effect as part hereof. <br /> <br /> Cooperation Among the Parties. Each party shall cooperate fully in the execution of any and all documents and in the completion of any additional actions that may be necessary or appropriate <br /> to give full force and effect to the terms and intent of this agreement.
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