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RecDoc 2019-047034 Amended and restated Deed of Trust
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RecDoc 2019-047034 Amended and restated Deed of Trust
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7/25/2019 9:44:50 AM
Creation date
7/25/2019 9:37:06 AM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Redwood Oaks Associates II Amended and restated D
Doc Num
2019-047034
Rec Date
6/19/2019
APN
053-271-490-4
Address
330-340 Redwood Ave.
Parties
Redwood Oaks Associates II LP
MO Ref
19-106
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Underground Storage of Hazardous Substances Act [California Health and Safety Code Section <br />25280, et seq.], the California Hazardous Substances Account Act [California Health and Safety <br />Code Section 25300, et seq.], the California Hazardous Waste Act [California Health and Safety <br />Code Section 25100, et seq.], the California Safe Drinking Water and Toxic Enforcement Act <br />[California Health and Safety Code Section 25249.5, et seq.], and the Porter -Cologne Water <br />Quality Control Act [California Water Code Section 13000, et seq.], as they now exist or are <br />hereafter amended, together with any regulations promulgated thereunder. <br />7.12 Notice of Claims; Defense of Security; Reimbursement of Costs. <br />a. Notice of Claims. Trustor shall provide written notice to Beneficiary of any <br />uninsured or partially uninsured loss affecting the Property through fire, theft, liability, or <br />property damage in excess of an aggregate of One Hundred Thousand Dollars ($100,000) within <br />ten (10) business days of the occurrence of such loss. Trustor shall ensure that Beneficiary shall <br />receive timely notice of, and shall have a right to cure, any default under any other financing <br />document or other lien affecting the Property and shall use best efforts to ensure that provisions <br />mandating such notice and allowing such right to cure shall be included in all such documents. <br />Within three (3) business days of Trustor's receipt thereof, Trustor shall provide Beneficiary <br />with a copy of any notice of default Trustor receives in connection with any financing document <br />secured by the Property or any part thereof. <br />b. Defense of Security. At Trustor's sole expense, Trustor shall protect, preserve <br />and defend the Property and Trustor's title to and right of possession of the Property, the security <br />of this Deed of Trust and the rights and powers of Beneficiary and Trustee created under it, <br />against all adverse claims. <br />C. Compensation; Reimbursement of Costs. Trustor agrees to pay all reasonable <br />fees, costs and expenses charged by Beneficiary or Trustee for any service that Beneficiary or <br />Trustee may render in connection with this Deed of Trust, including without limitation, fees and <br />expenses related to provision of a statement of obligations or related to a reconveyance. Trustor <br />further agrees to pay or reimburse Beneficiary for all costs, expenses and other advances which <br />may be incurred or made by Beneficiary or Trustee in any efforts to enforce any terms of this <br />Deed of Trust, including without limitation any rights or remedies afforded to Beneficiary or <br />Trustee or both of them under Sections 7.18 and 8.2, whether or not any lawsuit is filed, or in <br />defending any action or proceeding arising under or relating to this Deed of Trust, including <br />reasonable attorneys' fees and other legal costs, costs of any disposition of the Property under the <br />power of sale granted hereunder or any judicial foreclosure, and any cost of evidence of title. <br />d. Notice of Changes. Trustor shall give Beneficiary prior written notice of any <br />change in the address of Trustor and the location of any Property, including books and records <br />pertaining to the Property. <br />7.13 Indemnification. To the greatest extent permitted by law, Trustor shall indemnify, <br />defend (with counsel reasonably acceptable to Beneficiary), and hold harmless the Trustee and <br />the Indemnitees (as defined in Section 7.11) from and against all Claims arising directly or <br />indirectly in any manner in connection with or as a result of (a) any breach of Trustor's <br />covenants under any Loan Document, (b) any representation by Trustor in any Loan Document <br />Page 12 of 25 <br />REV: 05-29-19 VR <br />ATTY/AGR.2019.151/Redwood Oaks Associates It LP - A&R Deed of Trust <br />
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