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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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C. If Truster's interest in the Property or any part thereof is voluntarily or <br />involuntarily sold, transferred, leased, encumbered, or otherwise conveyed in violation of <br />Section 7.6 hereof or if any other Transfer occurs in violation of the Loan Documents; <br />d. Trustor fails to maintain the insurance coverage required hereunder or <br />under the other Loan Documents and fails to cure such default within five (5) days, or Trustor <br />otherwise fails to comply with the requirements of Section 7.10 hereof and Trustor fails to cure <br />such default within the applicable time specified in Section 7.101- <br />e. <br />.10;e. Subject to Trustor's right to contest such charges as provided herein, <br />Trustor fails to pay taxes or assessments due on the Land or the Improvements or fails to pay <br />when due any other charge that may result in a lien on the Land or the Improvements, and <br />Trustor fails to cure such default within twenty (20) days of the date of delinquency, but in all <br />events prior to the date upon which the holder of any such lien has the right to foreclose thereon. <br />f. Any representation or warranty of Trustor contained in or made in <br />connection with the execution and delivery of this Deed of Trust or in any certificate or <br />statement furnished pursuant hereto, or in any other Loan Document proves to have been false or <br />misleading in any material adverse respect when made and continues to be materially adverse to <br />City; <br />g. If, pursuant to or within the meaning of the United States Bankruptcy <br />Code or any other federal or state law relating to insolvency or relief of debtors ("Bankruptcy <br />Law"), Trustor or any general partner thereof (i) commences a voluntary case or proceeding; (ii) <br />consents to the entry of an order for relief against Trustor or any general partner thereof in an <br />involuntary case; (iii) consents to the appointment of a trustee, receiver, assignee, liquidator or <br />similar official for Trustor or any general partner thereof, (iv) makes an assignment for the <br />benefit of its creditors; or (v) admits in writing its inability to pay its debts as they become due. <br />h. If a court of competent jurisdiction enters an order or decree under any <br />Bankruptcy Law that (i) is for relief against Trustor or any general partner thereof in an <br />involuntary case, (ii) appoints a trustee, receiver, assignee, liquidator or similar official for <br />Trustor or any general partner thereof or substantially all of such entity's assets, (iii) orders the <br />liquidation of Trustor or any general partner thereof, or (iv) issues or levies a judgment, writ, <br />warrant of attachment or similar process against the Property or the Project or any part thereof, <br />and in each case the order or decree is not released, vacated, dismissed or fully bonded within <br />ninety (90) days after its issuance. <br />i. The holder of any other debt instrument secured by a mortgage or deed of <br />trust on the Property or part thereof declares an event of default thereunder and exercises a right <br />to declare all amounts due under that debt instrument immediately due and payable, subject to <br />the expiration of any applicable cure period set forth in such holder's documents; or <br />j. Trustor fails to perform any obligation arising under this Deed of Trust <br />other than one enumerated in this Section 8. 1, and does not cure that failure either within ten (10) <br />days after written notice from Beneficiary or Trustee in the event of a monetary default, or <br />within thirty (30) days after such written notice in the event of a nonmonetary default, provided <br />Page 15 of 25 <br />REV: 05-29-19 VR <br />ATTY/AGR.2019.151/Redwood Oaks Associates 11 LP - A&R Deed of Trust <br />
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