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RecDoc 2021-146160 353 Main Street Apartments
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RecDoc 2021-146160 353 Main Street Apartments
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Last modified
2/2/2022 4:23:59 PM
Creation date
1/6/2022 11:10:55 AM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Deed of Trust
Doc Num
2021-146160
Rec Date
10/15/2021
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for the collection of amounts due or the enforcement of performance or observance of an <br />obligation or agreement on the part of the Trustor in this Deed of Trust, the Trustor agrees that it <br />will, on demand therefor, pay to the Beneficiary the reasonable fees of such attorneys and such <br />other reasonable expenses so incurred by the Beneficiary (including, but not limited to, other <br />professional services fees and costs). Any such amounts paid by the Beneficiary will be added to <br />the Secured Obligations, and will bear interest from the date such expenses are incurred at the <br />lesser of ten percent (10%) per annum or the maximum rate permitted by law. <br />Section 5.3 Payment of the Principal. The Trustor shall pay to the Beneficiary the <br />Principal and any other payments as set forth in the Promissory Note in the amounts and by the <br />times set out therein. <br />Section 5.4 Personal Property. To the maximum extent permitted by law, the <br />personal property subject to this Deed of Trust is deemed to be fixtures and part of the real <br />property and this Deed of Trust constitutes a fixtures filing under the California Commercial <br />Code. As to any personal property not deemed or permitted to be fixtures, this Deed of Trust <br />constitutes a security agreement under the California Commercial Code. The Trustor hereby <br />grants the Beneficiary a security interest in such items. <br />Section 5.5 Financing Statement. The Trustor shall execute and deliver to the <br />Beneficiary such financing statements pursuant to the appropriate statutes, and any other <br />documents or instruments as are required to convey to the Beneficiary a valid perfected security <br />interest in the Security. The Trustor agrees to perform all acts which the Beneficiary may <br />reasonably request so as to enable the Beneficiary to maintain such valid perfected security <br />interest in the Security in order to secure the payment of the Promissory Note in accordance with <br />its terms. The Beneficiary is authorized to file a copy of any such financing statement in any <br />jurisdiction(s) as it shall deem appropriate from time to time in order to protect the security <br />interest established pursuant to this instrument. Trustor shall pay all costs of filing such <br />financing statements and any extensions, renewals, amendments, and releases thereof, and shall <br />pay all reasonable costs and expenses of any record searches for financing statements, and <br />releases thereof, as the Beneficiary may reasonably require. Without the prior written consent of <br />the Beneficiary, Trustor shall not create or suffer to be created pursuant to the California <br />Commercial Code any other security interest in the Security, including replacements and <br />additions thereto. <br />Section 5.6 Operation of the Security. The Trustor shall operate the Security (and, in <br />case of a transfer of a portion of the Security subject to this Deed of Trust, the transferee shall <br />operate such portion of the Security) in full compliance with the City Loan Documents. <br />Section 5.7 Inspection of the Security. At any and all reasonable times upon forty- <br />eight (48) hours' prior written notice, the Beneficiary and its duly authorized agents, attorneys, <br />experts, engineers, accountants and representatives, may inspect the Security without payment of <br />charges or fees. <br />9 <br />1199\09\2723506.3 <br />Document Number: 2021-146160 Page: 10 of 25 <br />
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