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Form of Deed of Trust
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Form of Deed of Trust
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Last modified
11/18/2024 12:18:04 PM
Creation date
11/15/2024 3:06:25 PM
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CM City Clerk-City Council
Document Date (6)
9/4/2024
Recorded Document Type
Deed of Trust
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7.15 Release, Extension, Modification. At any time and from time to time, without <br />liability therefor and without notice, upon written request of Beneficiary and presentation of <br />this Deed of Trust and the Note for endorsement, Trustee may release or reconvey all or <br />any part of the Property, consent to the making of any map or plat of the Land or part <br />thereof, join in granting any easement or creating any restriction affecting the Property, or <br />join in any extension agreement or other agreement affecting the lien or charge hereof. At <br />any time and from time to time, without liability therefor and without notice, Beneficiary may <br />(i) release any person liable for payment of any Secured Obligation, (ii) extend the time for <br />payment or otherwise alter the terms of payment of any Secured Obligation; (iii) accept <br />additional real or personal property of any kind as security for any Secured Obligation, or <br />(iv) substitute or release any property securing the Secured Obligations. <br />7.16 Reconveyance. Upon written request of Beneficiary stating that all of the <br />Secured Obligations have been paid in full, and upon surrender of this Deed of Trust, and <br />the Note, Trustee shall reconvey, without warranty, the Property or so much of it as is then <br />held under this Deed of Trust. The recitals in any reconveyance executed under this Deed <br />of Trust of any matters or facts shall be conclusive proof of the truthfulness thereof. Trustor <br />shall pay all fees of Trustee and all recordation fees related to such reconveyance. <br />8. Default and Remedies <br />8.1 Events of Default. Trustor acknowledges and agrees that an Event of Default <br />shall occur under this Deed of Trust upon the occurrence of any one or more of the <br />following events: <br />(i) Beneficiary's declaration of an Event of Default under any Loan <br />Document, subject to the expiration of any applicable cure period set forth in such <br />document; <br />(ii) Trustor fails to perform any monetary obligation which arises under this <br />Deed of Trust, and does not cure that failure within ten (10) days following written notice <br />from Beneficiary or Trustee; <br />(iii) Reserved. <br />(iv) Trustor fails to maintain the insurance coverage required under the <br />Loan Agreement or otherwise fails to comply with the requirements of Section 7.10 hereof <br />and Trustor fails to cure such default within the time specified in Section 7.10: <br />(v) Subject to Trustor's right to contest such charges as provided herein, <br />Trustor fails to pay taxes or assessments due on the Land or the Improvements or fails to <br />pay any other charge that may result in a lien on the Land or the Improvements, and <br />Trustor fails to cure such default within fifteen (15) days. <br />(vi) Any representation or warranty of Trustor contained in or made in <br />connection with the execution and delivery of this Deed of Trust or in any certificate or <br />statement furnished pursuant hereto or in any other Loan Document proves to have been <br />false or misleading in any material adverse respect when made; <br />
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