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Last modified
9/30/2025 3:42:16 PM
Creation date
12/19/2022 4:05:09 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/19/2022
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Reso 2022-225 3rd Amendment to Shoreline DDA_PSA KB
(Amended)
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\City Clerk\City Council\Resolutions\2022
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<br /> 14 <br /> <br />(c) Trustee may postpone sale of all or any portion of the Property by public <br />announcement at such time and place of sale, and from time to time thereafter, and without <br />further notice make such sale at the time fixed by the last postponement, or may, in its discretion, <br />give a new Notice of Sale. <br /> <br />Section 7.5 Receiver. <br />If an Event of Default shall have occurred and be continuing, Beneficiary, as a matter of <br />right and without further notice to Trustor or anyone claiming under the Security, and without <br />regard to the then value of the Security or the interest of Trustor therein, shall have the right to <br />apply to any court having jurisdiction to appoint a receiver or receivers of the Security (or a part <br />thereof), and Trustor hereby irrevocably consents to such appointment and waives further notice <br />of any application therefor. Any such receiver or receivers shall have all the usual powers and <br />duties of receivers in like or similar cases, and all the powers and duties of Beneficiary in case of <br />entry as provided herein, and shall continue as such and exercise all such powers until the date of <br />confirmation of sale of the Security, unless such receivership is sooner terminated. <br />Section 7.6 Remedies Cumulative. <br />No right, power or remedy conferred upon or reserved to the Beneficiary by this Deed of <br />Trust is intended to be exclusive of any other right, power or remedy, but each and every such <br />right, power and remedy shall be cumulative and concurrent and shall be in addition to any other <br />right, power and remedy given hereunder or now or hereafter existing at law or in equity. <br />Section 7.7 No Waiver. <br />(a) No delay or omission of the Beneficiary to exercise any right, power or <br />remedy accruing upon any Event of Default shall exhaust or impair any such right, power or <br />remedy, or shall be construed to be a waiver of any such Event of Default or acquiescence <br />therein; and every right, power and remedy given by this Deed of Trust to the Beneficiary may <br />be exercised from time to time and as often as may be deemed expeditious by the Beneficiary. <br />Beneficiary's express or implied consent to breach, or waiver of, any obligation of the Trustor <br />hereunder shall not be deemed or construed to be a consent to any subsequent breach, or further <br />waiver, of such obligation or of any other obligations of the Trustor hereunder. Failure on the <br />part of the Beneficiary to complain of any act or failure to act or to declare an Event of Default, <br />irrespective of how long such failure continues, shall not constitute a waiver by the Beneficiary <br />of its right hereunder or impair any rights, power or remedies consequent on any Event of <br />Default by the Trustor. <br /> <br />(b) If the Beneficiary (i) grants forbearance or an extension of time for the <br />payment or performance of any Secured Obligation, (ii) takes other or additional security or the <br />payment of any sums secured hereby, (iii) waives or does not exercise any right granted in the <br />Loan Documents, (iv) releases any part of the Security from the lien of this Deed of Trust, or <br />otherwise changes any of the terms, covenants, conditions or agreements in the Loan Documents, <br />(v) consents to the granting of any easement or other right affecting the Security, or (vi) makes or <br />consents to any agreement subordinating the lien hereof, any such act or omission shall not
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