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AgdaPkt 2015-05-18 Closed and Joint SA and PFA
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AgdaPkt 2015-05-18 Closed and Joint SA and PFA
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Last modified
7/17/2015 3:06:59 PM
Creation date
5/14/2015 4:16:47 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
5/8/2015
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9.A. - Page 57 <br /> Section 6.9. Beneficiary May File Proofs of Claim <br /> In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement, <br /> adjustment, composition or other proceedings affecting the Trustor, its creditors or its property, <br /> the Beneficiary, to the extent permitted by law, shall be entitled to file such proof of claim and <br /> other documents as may be necessary or advisable in order to have claims of the Beneficiary <br /> allowed in such proceedings for the entire amount due and payable by the Trustor under this <br /> Deed of Trust at the date of the institution of such proceedings and for any additional amount <br /> which may become due and payable by the Trustor hereunder after such date. <br /> Section 6.10. Trustor's Right to Reinstate <br /> After default of Trustor and the commencement of foreclosure proceedings, Trustor may <br /> reinstate a monetary default under the Note, to the extent and within the times permitted under <br /> Civil Code section 2924c, by: (a) Trustor paying to Beneficiary all sums which would be then <br /> due under the Note and this Deed of Trust; (b) the Trustor paying all reasonable expenses <br /> incurred by Beneficiary and Trustee in enforcing the covenants and agreements of Trustor <br /> contained in this Deed of Trust and in enforcing Beneficiary's and Trustee's remedies, including <br /> but not limited to, reasonable attorney's fees; and (c) Trustor taking such action as Beneficiary <br /> may reasonably require to assure that the lien of this Deed of Trust, Beneficiary's interest in the <br /> Property, Trustor's obligation to pay the sums secured by this Deed of Trust, and Trustor's <br /> obligation to comply with the covenants and restrictions contained in the Loan Agreement, shall <br /> continue unimpaired. <br /> Section 6.11. Reconveyance by Trustee <br /> Upon written request of Beneficiary stating that all sums secured hereby have been paid, and <br /> upon surrender of this Deed of Trust to Trustee for cancellation and retention, and upon <br /> payment by Trustor of Trustee's reasonable fees, Trustee shall reconvey to Trustor, or to the <br /> person or persons legally entitled thereto, without warranty, any portion of the Property then <br /> held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive <br /> proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the <br /> person or person legally entitled thereto". <br /> ARTICLE VII <br /> HAZARDOUS MATERIALS <br /> Section 7.1. Hazardous Materials <br /> Trustor shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought <br /> upon, kept or used in or about the Property by Trustor, its agents, employees, contractors or <br /> invitees except for materials ordinarily used in the course and scope of constructing <br /> improvements to residential dwellings. <br /> Trustor shall indemnify, defend (with counsel approved by Beneficiary) and hold Beneficiary <br /> harmless from and against any and all claims, judgments, damages, penalties, fines, costs, <br /> liabilities and losses (including, without limitation, diminution in value of the Property, and sums <br /> paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise as a <br /> result of any breach of the obligations contained in this Section or any contamination, discharge, <br /> or release of Hazardous Materials. This indemnification of Beneficiary by Trustor includes, <br /> without limitation, costs incurred in connection with any investigation of site conditions or any <br /> ATTY/RESO.3085/CC RESO RWC FIRE SAFETY FIRST PILOT PROGRAM ATTACHMENT B-DEED OF TRUST <br /> REV:05-11-15 VR <br /> Page 12 of 19 <br />
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