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AgdaPkt 2003-06-30
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AgdaPkt 2003-06-30
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Last modified
6/2/2011 2:41:59 PM
Creation date
6/26/2003 2:33:30 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council
Date
6/30/2003
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5. Beneficiary may, from time to time as provided by <br />statute, or by a writing signed and acknowledged by him and <br />recorded in the office of the county recorder of the county in <br />which the land or such part thereof as is then affected by this <br />deed of trust is situated, appoint another trustee in stead of <br />Trustee herein named; and thereupon, the Trustee herein named shall <br />be discharged, and the trustee so appointed shall be substituted as <br />Trustee hereunder with the same effect as if originally named <br />Trustee herein. <br />6. If two or more persons are designated as Trustee <br />herein, any or all powers granted herein to Trustee may be <br />exercised by any of such persons if the other person or persons is <br />unable, for any reason, to act. Any recital of such inability in <br />any instrument executed by any of such persons shall be conclusive <br />against Trustor, his heirs and assigns. <br />7. All leases of any structures on the property subject <br />to this Deed of Trust, now or hereafter affecting the property are <br />hereby assigned and transferred to Beneficiary by Trustor, with <br />such assignment to take effect upon a default of any obligation <br />hereby secured by Trustor, with notice and an opportunity to cure <br />if applicable. <br />8. Trustor reserves the right, prior to any default, <br />after notice and an opportunity to cure, if applicable, in payment <br />of any indebtedness or performance of any obligation secured <br />hereby, to collect all such rents, royalties, issues and profits <br />as, but not before, they become due. Upon any such default, <br />Trustor's right to collect such moneys shall cease, not only as to <br />amounts accruing thereafter, but also as to amounts then accrued <br />and unpaid. In the event of such a default, Beneficiary, with or <br />without notice and without regard to the adequacy of security for <br />the indebtedness hereby secured, either in person or by agent, or <br />by a receiver to be appointed by the court, (a) may enter upon and <br />take possession of the property at any time and manage and control <br />it in Beneficiary's reasonable discretion and in compliance with <br />applicable law, and (b) with or without taking possession, may sue <br />for or otherwise collect the rents, issues and profits thereof, <br />whether past due or coming due thereafter, and apply the same, less <br />costs and expenses of operation and collection, including <br />reasonable attorneys' fees, upon any obligation secured hereby and <br />in such order as Beneficiary determines. None of the aforesaid <br />acts shall cure or waive any default hereunder or invalidate any <br />act done pursuant to such notice. <br />9. Without affecting the liability of Trustor or of any <br />other party now or hereafter bound by the terms hereof, from time <br />
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