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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 /> 8. Trustor reserves the right, prior to any default, <br />after notice and an opportunity to cure, if applicable, in <br />payment of any indebtedness or performance of any obligation <br />secured hereby, to collect all such rents, royalties, issues and <br />profits as, but not before, they become due. Upon any such <br />default, Trustor's right to collect such moneys shall cease, not <br />only as to amounts accruing thereafter, but also as to amounts <br />then accrued and unpaid. In the event of such a default, <br />Beneficiaries, with or without notice and without regard to the <br />adequacy of security for the indebtedness hereby secured, either <br />in person or by agent, or by a receiver to be appointed by the <br />court, (a) may enter upon and take possession of the property at <br />any time and manage and control it in Beneficiaries' reasonable <br />discretion and in compliance with applicable law, and (b) with <br />or without taking possession, may sue for or otherwise collect <br />the rents, issues and profits thereof, whether past due or <br />coming due thereafter, and apply the same, less costs and <br />expenses of operation and collection, including reasonable <br />attorneys' fees, upon any obligation secured hereby and in such <br />order as Beneficiaries determines. None of the aforesaid acts <br />shall cure or waive any default hereunder or invalidate any act <br />done pursuant to such notice. <br /> 9. Without affecting the liability of Trustor or of <br />any other party now or hereafter bound by the terms hereof, from <br />time to time and with or without notice, Beneficiaries may <br />release any person now or hereafter liable for performance of <br />such obligation, and may extend the time for payment or <br />performance, accept additional security, and alter, substitute <br />or release any security. <br /> 10. In any judicial action brought to foreclose this <br />deed or to enforce any right of Beneficiaries or of Trustee <br />hereunder, Trustor shall pay to Beneficiaries and to Trustee <br />attorneys' fees in a reasonable sum, to be fixed by the court, <br />provided Beneficiaries or Trustee, as applicable, is the <br />prevailing party. <br />D. Miscellaneous Provisions <br /> l. No remedy hereby given to Beneficiaries or <br />Trustee is exclusive of any other remedy hereunder or under any <br />present or future law. <br /> 7 <br />
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