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RecDoc 612 Jefferson Ave. #601
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RecDoc 612 Jefferson Ave. #601
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10/26/2022 3:30:14 PM
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Deed
Rec Date
9/9/2022
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be immediately due and payable without further demand. <br />(b) Pursue the exercise of the power of sale provided under this Deed ofTrust. <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 <br />any part thereof) and of any of the Security, in its own name or in the name of Trustee, and <br />do any acts which it deems necessary or desirable to preserve the value or marketability <br />of the Property, or part thereof or interest therein, increase the income therefrom, or protect <br />the security thereof. The entering upon and taking possession of the Security shall not cure <br />or waive any breach hereunder or invalidate any act done in response to such breach and, <br />notwithstanding the continuance in possession of the Security, the City shall be entitled to <br />exercise every right and remedy provided under the Resale Restriction Agreement or this <br />Deed of Trust, or by law upon 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 />(1) 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 <br />now or hereafter evidencing, creating or securing all or any portion of the obligations <br />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 ofthe 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 />If a non -monetary default is not reasonably capable of being cured within thirty (30) <br />REV: 08-02-22 SK <br />ATTY/AGR.2022.208/Habitat 612 Jefferson 601 (05. City Housing Grant — Deed of Trust— 601) (Page 7 of 15) <br />
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