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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
Parties
KDF Hallmark
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<br />account only and shall not constitute a waiver of the obligation <br />of Trustor to pay the entire sum then due or of Beneficiaries' <br />right either to require prompt payment of all sums then due or <br />to declare default. The acceptance of payment of any sum <br />secured hereby after its due date will not waive the right of <br />Beneficiaries either to require prompt payment when due of all <br />other sums so secured or to declare default for failure so to <br />pay. No waiver of any default shall be a waiver of any <br />preceding or succeeding default of any kind. <br /> 3. At any time upon the occurrence of a default, and <br />after notice and an opportunity to cure if applicable, under the <br />terms of this Deed of Trust, to said default, without liability <br />therefor and with or without notice or further notice, as <br />applicable, upon wrft ten request of Beneficiaries and <br />presentation of this deed for endorsement, and without affecting <br />the personal liability of any person, Trustee may reconvey any <br />part of the property, consent to the making of any map or plat <br />thereof, join in granting any easement or join in any extension <br />agreement or any agreement subordinating the lien or charge <br />thereof. <br /> 4. Upon written request of Beneficiaries, surrender <br />of this deed to Trustee for cancellation and retention, and <br />payment of its fees, Trustee shall reconvey, without warranty, <br />the property then held hereunder. Beneficiaries shall timely <br />make such request upon satisfaction of all requirements of the <br />Note and the Agreement, following written demand to do so by <br />Trustor. It is agreed that the requirements of the Agreement <br />shall be deemed to have been satisfied upon the issuance by <br />Beneficiaries of the final Certificate of Completion as provided <br />in the Agreement. The recitals in such reconveyance shall be <br />conclusive proof of the truthfulness thereof. The grantee may <br />be designated in such reconveyance as "the person or persons <br />legally entitled thereto." <br /> 5. At any time Trustor is in default in payments to <br />be made to Beneficiaries hereunder, any amounts paid to and <br />received by Beneficiaries after notice of default and election <br />to sell has been recorded shall not, unless the requirements of <br />Section 2924c of the Civil Code are fully met by or on behalf of <br />Trustor, waive the right of Beneficiaries to continue its plans <br />to have the property sold, nor shall they have any effect on the <br />exercise by Beneficiaries of the acceleration privilege <br />contained herein, except to constitute a credit against the <br />secured debt. <br /> 4 <br />
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