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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
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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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that in the case of a nonmonetary default that in Beneficiary's reasonable judgment cannot <br />reasonably be cured within thirty (30) days, an Event of Default shall not arise hereunder if <br />Trustor commences to cure such default within thirty (30) days and thereafter prosecutes such <br />cure to completion with due diligence and in good faith and in no event later than ninety (90) <br />days following receipt of notice of default. <br />8.2 Remedies. Subject to the applicable notice and cure provisions set forth herein, at <br />any time after an Event of Default, Beneficiary and Trustee shall be entitled to invoke any and all <br />of the rights and remedies described below, and may exercise any one or more or all, of the <br />remedies set forth in any Loan Document, and any other remedy existing at law or in equity or <br />by statute. All of Beneficiary's rights and remedies shall be cumulative, and the exercise of any <br />one or more of them shall not constitute an election of remedies. Beneficiary shall be entitled to <br />collect all expenses incurred in pursuing the remedies provided hereunder, including without <br />limitation reasonable attorneys' fees and costs. <br />a. Acceleration. Beneficiary may declare any or all of the Secured <br />Obligations, including without limitation all sums payable under the Note and this Deed of Trust, <br />to be due and payable immediately. <br />b. Receiver. Beneficiary may apply to any court of competent jurisdiction <br />for, and obtain appointment of, a receiver for the Property. <br />C. EES. Beneficiary, in person, by agent or by court-appointed receiver, <br />may enter, take possession of, manage and operate all or any part of the Property, and may also <br />do any and all other things in connection with those actions that Beneficiary may in its sole <br />discretion consider necessary and appropriate to protect the security of this Deed of Trust. Such <br />other things may include: taking and possessing copies of all of Trustor's or the then owner's <br />books and records concerning the Property; entering into, enforcing, modifying, or canceling <br />Leases on such terms and conditions as Beneficiary may consider proper; obtaining and evicting <br />tenants; fixing or modifying Rents; collecting and receiving any payment of money owing to <br />Trustor; completing any unfinished construction; and/or contracting for and making repairs and <br />alterations. If Beneficiary so requests, Trustor shall assemble all of the Property that has been <br />removed from the Land and make all of it available to Beneficiary at the site of the Land. Trustor <br />hereby irrevocably constitutes and appoints Beneficiary as Tmstor's attorney-in-fact to perform <br />such acts and execute such documents as Beneficiary in its sole discretion may consider to be <br />appropriate in connection with taking these measures, including endorsement of Trustors name <br />on any instruments. <br />d. UCC Remedies. Beneficiary may exercise any or all of the remedies <br />granted to a secured party under the UCC. <br />e. Judicial Action. Beneficiary may bring an action in any court of <br />competent jurisdiction to foreclose this Deed of Trust in the manner provided by law for <br />foreclosure of mortgages on real property and/or to obtain specific enforcement of any of the <br />covenants or agreements of this Deed of Trust. <br />Page 16 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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