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RecD05 2005-141300
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RecD05 2005-141300
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Last modified
2/22/2006 10:54:11 AM
Creation date
2/22/2006 10:53:09 AM
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Recorded Docs
Recorded Docs - Type
Deed
Doc Num
2005-141300
Rec Date
8/17/2005
APN
053-093-130 053-093-140
Parties
Villa Montgomery
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<br />7. No action or failure to act by Trustor shall be <br />deemed a default which authorizes Beneficiary or Trustee to take <br />any action unless Trustor does not cure the default within thirty <br />(30) calendar days after the Agency has given written notice as <br />specified in the Agreement, requiring it to be remedied and stating <br />that such notice is a "Notice of Default" (or if such Default or <br />breach cannot reasonably be cured within thirty (30) days of a <br />Notice of Default, the failure to commence to cure and to timely, <br />diligently and in good faith proceed to cure within a reasonable <br />time not to exceed 90 days). Notwithstanding any language in this <br />Deed of Trust to the contrary, Beneficiary and/or Trustee may take <br />such action as is reasonably necessary, without notice to Trustor, <br />if the delay arising from the giving of notice would endanger the <br />securi ty of Beneficiary in the property secured hereby, would <br />resul t in waste or damage to said property or would otherwise <br />materially and adversely affect the substantive rights of <br />Beneficiary hereunder. To the extent of any conflict between this <br />paragraph and the provisions of the Agreement relating to breaches <br />and defaults hereof, the applicable notice provisions in the <br />Agreement shall apply. It is agreed that the Agreement does not <br />contain language which addresses the need to act by Beneficiary or <br />Trustee in the situation where the delay from the giving of notice <br />would endanger the security of Beneficiary in the property secured <br />hereby or would result in waste or damage thereto. <br /> <br />Trustor requests that a copy of notice of default and of <br />any notice of sale hereunder shall be mailed to it at the address <br />set out immediately below: <br /> <br />MAILING ADDRESSES FOR NOTICES: <br />Villa Montgomery, L.P. <br />c/o First Community Housing <br />2 North Second Street, Suite 1250 <br />San Jose, CA 95113 <br />Jeff Oberdorfer, Executive Director <br /> <br />Attn: <br /> <br />[END OF THIS PAGE] <br /> <br />8 <br /> <br />REDW\OOO6\DOC\O25 <br />
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