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AgdaPkt 2003-12-15
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AgdaPkt 2003-12-15
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Last modified
6/2/2011 1:46:24 PM
Creation date
12/11/2003 4:13:05 PM
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CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
12/15/2003
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. C -4(0 <br />date will not waive the right of Beneficiaries either to require <br />prompt payment when due of all other sums so secured or to declare <br />default for failure so to pay. No waiver of any default shall be a <br />waiver of any preceding or succeeding default of any kind. <br />3. At any time upon the occurrence of a default, and <br />after notice and an opportunity to cure if applicable, under the <br />terms of this Deed of Trust, to said default, without liability <br />therefor and with or without notice or further notice, as <br />applicable, upon written request of Beneficiaries and presentation <br />of this deed for endorsement, and without affecting the personal <br />liability of any person, Trustee may reconvey any part of the <br />property, consent to the making of any map or plat thereof, join in <br />granting any easement or join in any extension agreement or any <br />agreement subordinating the lien or charge thereof. <br />4. Upon written request of Beneficiaries, surrender of <br />this deed to Trustee for cancellation and retention, and payment of <br />its fees, Trustee shall reconvey, without warranty, the property <br />then held hereunder. Beneficiaries shall timely make such request <br />upon satisfaction of all requirements of the Note and the <br />Agreement, following written demand to do so by Trustor. It is <br />agreed that the requirements of the Agreement shall be deemed to <br />have been satisfied upon the issuance by Beneficiaries of the final <br />Certificate of Completion as provided in the Agreement. The <br />recitals in such reconveyance shall be conclusive proof of the <br />truthfulness thereof. The grantee may be designated in such <br />reconveyance as "the person or persons legally entitled thereto." <br />5. At any time Trustor is in default in payments to be <br />made to Beneficiaries hereunder, any amounts paid to and received <br />by Beneficiaries after notice of default and election to sell has <br />been recorded shall not, unless the requirements of Section 2924c <br />of the Civil Code are fully met by or on behalf of Trustor, waive <br />the right of Beneficiaries to continue its plans to have the <br />property sold, nor shall they have any effect on the exercise by <br />Beneficiaries of the acceleration privilege contained herein, <br />except to constitute a credit against the secured debt. <br />6. If Trustor or any subsequent owner of the property <br />covered hereby shall occupy the property, or any part thereof, <br />after any default, and after notice and an opportunity to cure, if <br />applicable, under the terms hereof, Trustor or such owner shall pay <br />to Beneficiaries in advance on the first day of each month a <br />reasonable rental for the premises so occupied. Upon failure to <br />pay such reasonable rental, Trustor or such owner may be removed <br />D - 4 <br />
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