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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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7.17 Reconveyance. Upon written request of Beneficiary stating that all of the Secured <br />Obligations have been paid in full, and upon surrender of this Deed of Trust, and the Note, <br />Trustee shall reconvey, without warranty, the Property or so much of it as is then held under this <br />Deed of Trust. The recitals in any reconveyance executed under this Deed of Trust of any <br />matters or facts shall be conclusive proof of the truthfulness thereof. Trustor shall pay all fees of <br />Trustee and all recordation fees related to such reconveyance. <br />7.18 Cure, Protection of Security. Either Beneficiary or Trustee may cure any breach <br />or default of Trustor if Trustor fails to do so within the applicable cure period, and if it chooses <br />to do so in connection with any such cure, Beneficiary or Trustee may also enter the Property <br />and/or do any and all other things which it may in its sole discretion consider necessary and <br />appropriate to protect the security of this Deed of Trust. Such other things may include: <br />appearing in and/or defending any action or proceeding which purports to affect the security of, <br />or the rights or powers of Beneficiary or Trustee under, this Deed of Trust; paying, purchasing, <br />contesting or compromising any encumbrance, charge, lien or claim of lien which in <br />Beneficiary's or Trustee's sole judgment is or may be senior in priority to this Deed of Trust, <br />such judgment of Beneficiary or Trustee to be conclusive as among Beneficiary, Trustee and <br />Trustor; obtaining insurance and/or paying any premiums or charges for insurance required to be <br />carried hereunder; otherwise caring for and protecting any and all of the Property; and/or <br />employing counsel, accountants, contractors and other appropriate persons to assist Beneficiary <br />or Trustee. Beneficiary and Trustee may take any of the actions permitted under this Section <br />7.18 either with or without giving notice, except for notices required under applicable law. Any <br />amounts disbursed by Beneficiary pursuant to this paragraph shall become additional <br />indebtedness secured by this Deed of Trust. <br />7.19 Limited Partners Right to Cure. Trustor's limited partners shall have the right to <br />cure any default of Trustor hereunder upon the same terms and conditions afforded to Trustor; <br />provided however, if the default is of such nature that the limited partners reasonably determine <br />that it is necessary to replace the general partner of Trustor in order to cure such default, then the <br />cure period shall be extended by an additional ninety (90) days after the removal of the general <br />partner, provided that the limited partners have promptly commenced and diligently proceeded <br />with all requisite actions to effect such removal and replacement. Beneficiary shall provide any <br />notice of default hereunder to the limited partners at the address set forth in Section 10.2 below <br />concurrently with the provision of such notice to Trustor. <br />8. Default and Remedies. <br />8.1 Events of Default. Trustor acknowledges and agrees that an Event of Default <br />shall occur under this Deed of Trust upon the occurrence of any one or more of the following <br />events. <br />a. Beneficiary's declaration of an Event of Default under any Loan <br />Document, subject to the expiration of any applicable cure period set forth in such document; <br />b. Trustor fails to perform any monetary obligation which arises under this <br />Deed of Trust or any other Loan Document, and does not cure that failure within ten (10) days <br />following written notice from Beneficiary or Trustee; <br />Page 14 of 25 <br />;IATA 11413RP/a <br />ATTY/AGR.2019.151/Redwood Oaks Associates 11 LP - A&R Deed of Trust <br />
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