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Reso25-02 0024 PC Reso 901 El Camino Real
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Reso25-02 0024 PC Reso 901 El Camino Real
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Last modified
1/6/2026 3:36:38 PM
Creation date
1/6/2026 3:33:00 PM
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CC Index
CC Index - Document Type
Resolution
Meeting Type
Regular
Agency Type
Planning Commission
Date
4/15/2025
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Page 8 of 16 <br />exercise every right provided for in this Deed of Trust, or by law upon occurrence of any uncured <br />breach, including the right to exercise the power of sale. <br />(b) commence an action to foreclose this Deed of Trust as a mortgage, appoint a <br />receiver, or specifically enforce any of the covenants hereof <br />(c) deliver to Trustee a written declaration of default and demand for sale, pursuant to <br />the provisions for notice of sale found at California Civil Code Sections 2924 et seq., as amended <br />from time to time; or <br />(d) exercise all other rights and remedies provided herein, in the instruments by which <br />the Trustor acquires title to any Security, or in any other document or agreement now or hereafter <br />evidencing, creating or securing all or any portion of the obligations secured hereby, or provided <br />by law. <br />Section 2.14 Trustor’s Right to Reinstate. Trustor will have the right to have any <br />proceedings begun by City to enforce this Deed of Trust discontinued at any time prior to five (5) <br />days before sale of the Security pursuant to the power of sale contained in this Deed of Trust or at <br />any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Trustor cures all breaches <br />of any other covenants or agreements of Trustor contained in the Regulatory Agreement or this <br />Deed of Trust; (b) Trustor pays all reasonable expenses incurred by City and Trustee in enforcing <br />the covenants and agreements of Trustor contained in the Regulatory Agreement or this Deed of <br />Trust, and in enforcing City’s and Trustee’s remedies, including, but not limited to, reasonable <br />attorney’s fees; and (c) Trustor takes such action as City may reasonably require to assure that the <br />lien of this Deed of Trust, City’s interest in the Security and Trustor’s obligation to pay the sums <br />secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Trustor, <br />this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no <br />acceleration had occurred. <br /> <br />Section 2.15 Reconveyance. Upon the expiration of the term of the Regulatory <br />Agreement if Trustor owns and occupies the Property and is not in violation of any provisions of <br />this Deed of Trust or the Regulatory Agreement, City will request Trustee to reconvey the Security <br />and will surrender this Deed of Trust and the Regulatory Agreement to Trustee. Trustee will <br />reconvey the Security without warranty and without charge to the person or persons legally entitled <br />thereto. Such person or persons will pay all costs of recordation, if any. <br />Section 2.16 Substitute Trustee. City, at City’s option, may from time to time remove <br />Trustee and appoint a successor trustee to any Trustee appointed hereunder. The successor trustee <br />will succeed to all the title, power and duties conferred upon the Trustee herein and by applicable <br />law. <br />Section 2.17 Superiority of Approved Senior Liens Documents. Notwithstanding any <br />provision herein, this Deed of Trust shall not diminish or affect the rights of the City approved <br />senior lienholder under the senior deed of trust or any subsequent senior lienholder deeds of trust <br />hereafter recorded against the Security in compliance with the requirements of the Regulatory <br />Agreement. Notwithstanding any other provision hereof, the provisions of this Deed of Trust shall <br />be subordinate to the lien of the City approved senior lien deed of trust and shall not impair the <br />rights of the Senior Lienholder, or such lender’s assignee or successor in interest, to exercise its <br />ATTY/RESO.0024/PC RESO 901 EL CAMINO <br />REV: 04-11-25 VR
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