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RecD03 2003-350640
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RecD03 2003-350640
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Last modified
7/5/2005 2:31:20 PM
Creation date
11/30/2004 10:07:23 AM
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Recorded Docs
Recorded Docs - Type
Deed
Doc Num
2003-350640
Rec Date
12/22/2003
APN
059-092-290
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KDF Hallmark
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<br /> If Trustor fails to make any payment or to do any act as <br />herein provided, then Beneficiaries or Trustee (but without <br />obligation so to do, and with or without notice to or demand <br />upon Trustor, and without releasing Trustor from any obligation <br />hereof) may (a) make or< do the same in such manner and to such <br />extent as either deems necessary to protect the security hereof, <br />Beneficiaries or Trustee being authorized to enter upon the <br />property for such purpose to the extent reasonably required; (b) <br />appear in or commence any action or proceeding purporting to <br />affect the security hereof or the rights or powers of <br />Beneficiaries or Trustee; ( c) pay, purchase, contest, or <br />compromise any encumbrance, charge or lien that, in the judgment <br />of either, appears to be superior hereto; and in exercising any <br />such power, Beneficiaries or Trustee may incur necessary <br />expenses, including reasonable attorneys' fees. Notwithstanding <br />any language in this paragraph to the contrary, Beneficiaries or <br />Trustee shall provide Trustor with notice and an opportunity to <br />cure before exercising any right in this paragraph, unless, in <br />the reasonable discretion of Beneficiaries or Trustee, providing <br />such notice would affect, damage or limit the security to <br />Beneficiaries, the value of the security or any other material <br />interest of Beneficiaries hereunder. <br /> 4. To pay immediately and without demand all sums <br />reasonably expended hereunder by Beneficiaries or Trustee <br />( inc I uding interest thereupon from date of expenditure at the <br />annual rate of Bank of America's published prime rate if <br />remaining unpaid and delinquent 30 days after demand) . <br />B. It is mutually agreed that: <br /> l. Any award of damages made in connection with the <br />condemnation for public use of or injury to the property or any <br />part thereof is hereby assigned, to the extent it does not <br />exceed any sums owed by Trustor to Beneficiaries ( inc I uding any <br />sums not yet due) , and shall be paid to Beneficiaries, who may <br />apply or release such moneys received therefor upon any <br />indebtedness secured hereby in such order as Beneficiaries <br />determines, or, at the option of Beneficiaries, the entire <br />amount so received or any part thereof may be released to <br />Trustor. Such application or release shall not cure or waive any <br />default or notice of default hereunder or invalidate any act <br />done pursuant to such notice. <br /> 2. The acceptance by Beneficiaries of any payment <br />less than the amount then due shall be deemed an acceptance on <br /> 3 <br />
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