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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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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
12/15/2003
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(o CW46 <br />sold by delivering to Trustee a written notice of rescission, which <br />notice, when recorded, shall cancel any prior declaration of <br />default, demand for sale and acceleration of maturity. The <br />exercise of such a right of rescission shall not constitute a <br />waiver of any default then existing or subsequently occurring, or <br />impair the right of Beneficiaries to deliver to Trustee other <br />declarations of default and demands for sale or notices of default <br />and of election to cause the property to be sold, or otherwise <br />affect any provision of the secured note or of this deed or any of <br />the rights, obligations or remedies of Beneficiaries or Trustee <br />hereunder. <br />5. Beneficiaries 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 Beneficiaries 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, Beneficiaries, 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 />D - 6 <br />
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