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AgdaPkt 2021.02.08 Joint SA PFA
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AgdaPkt 2021.02.08 Joint SA PFA
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Last modified
2/11/2021 4:35:44 PM
Creation date
2/4/2021 4:26:17 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
2/8/2021
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6.B. - Page 86 of 113 <br />a. Declare all of the sums payable under the Resale Restriction Agreementto <br />be immediately due and payable without further demand. <br />b. Pursue the exercise of the power of sale provided under this Deed of <br />Trust. <br />C. Either in person or by agent, with or without bringing any action or <br />proceeding, or by a receiver appointed by a court, enter upon, take possession thereof (or any <br />part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any <br />acts which it deems necessary or desirable to preserve the value or marketability of the Property, <br />or part thereof or interest therein, increase the income therefrom, or protect the security thereof. <br />The entering upon and taking possession of the Security shall not cure or waive any breach <br />hereunder or invalidate any act done in response to such breach and, notwithstanding the <br />continuance in possession of the Security, the City shall be entitled to exercise every right and <br />remedy provided under the Resale Restriction Agreement or this Deed of Trust, or by law upon <br />the occurrence of any uncured breach. <br />d. Commence an action to foreclose this Deed of Trust as a mortgage, appoint <br />a receiver, or specifically enforce any of the covenants hereof. <br />e. Exercise its option to purchase the Property pursuant to the Resale <br />Restriction Agreement. <br />f Exercise all other rights and remedies provided herein, in the instruments <br />by which the Trustor acquires title to any Security, or in any other document or agreement now <br />or hereafter evidencing, creating or securing all or any portion of theobligations secured hereby. <br />g. Exercise any other remedy provided by law or in equity. <br />15. Acceleration and Sale. <br />(a) Notice of Default. Upon Trustor's breach of any covenant or agreementof <br />Trustor under the Resale Restriction Agreement or this Deed of Trust, City shall mail <br />notice to Trustor as provided in Section 24 hereof specifying: (i) the nature of the breach; <br />(ii) the action required to cure such breach; (iii) a date no less than thirty (30) days from <br />the date the notice is mailed to Trustor by which such breach must be cured or such shorter <br />cure period as may be provided in the Resale Restriction Agreement or this Deed of Trust; <br />and (iv) that failure to cure such breach on or before the date specified in the notice may <br />result in the sale of the Property. The notice shall further inform Trustor of Trustor's right to <br />cure the default and bring a court action to assert the nonexistence of a default or any other <br />defense of Trustor to sale. If the breach is not cured on or before the date specified in the notice, <br />City at City's option may declare all of the sums secured by this Deed of Trust to be immediately <br />due and payable without further demand and may invoke the power of sale and/or pursue any <br />other remedy provided herein or available under law. City shall be entitled to collect from the <br />Trustor, or from the proceeds of the sale of the Property, all reasonable costs and expenses <br />incurred in pursuing the remedies provided hereunder, including, but not limited to, reasonable <br />attorneys 'fees. <br />REV: 01-22-21 PR <br />Homebuyer Deed of Trust Securing Performance <br />1619\0 1 \2924808.1 <br />10/9/2020 <br />OAK #4820-5546-3372 v3 <br />ATTY/AGR.2020.305/Habitat for Humanity Greater San Francisco (Grant Agreement w/ Exhibits) (Page 82 of 109) <br />RE <br />
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