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SLO - BRIDGE HOME Deed of Trust Revised 061912_20140829
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SLO - BRIDGE HOME Deed of Trust Revised 061912_20140829
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CM City Clerk-City Council - Document Type
Agreement
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<br />1908516.2 4 <br />more, and to take all other reasonable steps to forestall the assertion of claims of lien against the <br />Security of any part thereof. Trustor irrevocably appoints, designates and authorizes Beneficiary <br />as its agent (said agency being coupled with an interest) with the authority, but without any <br />obligation, to file for record any notices of completion or cessation of labor or any other notice <br />that Beneficiary deems necessary or desirable to protect its interest in and to the Security or the <br />Loan Documents; provided, however, that Beneficiary shall exercise its rights as agent of Trustor <br />only in the event that Trustor shall fail to take, or shall fail to diligently continue to take, those <br />actions as hereinbefore provided. <br /> Upon demand by Beneficiary, Trustor shall make or cause to be made such demands or <br />claims as Beneficiary shall specify upon laborers, materialmen, subcontractors or other persons <br />who have furnished or claim to have furnished labor, services or materials in connection with the <br />Security. Nothing herein contained shall require Trustor to pay any claims for labor, materials or <br />services which Trustor in good faith disputes and is diligently contesting provided that Trustor <br />shall, within thirty (30) days after the filing of any claim of lien, record in the Office of the <br />Recorder of Alameda County, a surety bond in an amount one and one half (1½) times the <br />amount of such claim item to protect against a claim of lien. <br /> 2.2 Granting of Easements. Trustor may not grant easements, licenses, rights-of-way <br />or other rights or privileges in the nature of easements with respect to any property or rights <br />included in the Security except those required or desirable for installation and maintenance of <br />public utilities including, without limitation, water, gas, electricity, sewer, telephone and <br />telegraph, or those required by law. As to these exceptions, Beneficiary will grant and/or direct <br />the Trustee to grant such easements. <br /> 2.3 Assignment of Rents. As part of the consideration for the indebtedness evidenced <br />by the Note, Trustor hereby absolutely and unconditionally assigns and transfers to Beneficiary <br />all the rents and revenues of the Property including those now due, past due, or to become due by <br />virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, <br />regardless of to whom the rents and revenues of the Property are payable. Trustor hereby <br />authorizes Beneficiary or Beneficiary’s agents to collect the aforesaid rents and revenues and <br />hereby directs each tenant of the Property to pay such rents to Beneficiary or Beneficiary's <br />agents; provided, however, that prior to written notice given by Beneficiary to Trustor of the <br />breach by Trustor of any covenant or agreement of Trustor in the Loan Documents, Trustor shall <br />collect and receive all rents and revenues of the Property as trustee for the benefit of Beneficiary <br />and Trustor to apply the rents and revenues so collected to the sums secured by this Deed of <br />Trust with the balance, so long as no such breach has occurred, to the account of Trustor, it being <br />intended by Trustor and Beneficiary that this assignment of rents constitutes an absolute <br />assignment and not an assignment for additional security only. Upon delivery of written notice <br />by Beneficiary to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the <br />Loan Documents, and without the necessity of Beneficiary entering upon and taking and <br />maintaining full control of the Property in person, by agent or by a court-appointed received, <br />Beneficiary shall immediately be entitled to possession of all rents and revenues of the Property <br />as specified in this Section 2.3 as the same becomes due and payable, including but not limited to <br />rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be <br />held by Trustor as trustee for the benefit of Beneficiary only; provided, however, that the written <br />notice by Beneficiary to Trustor of the breach by Trustor shall contain a statement that
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