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TINY TIM LP (C/O COMMUNITY DEVELOPMENT PARTNERS)
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Last modified
4/29/2019 10:27:03 AM
Creation date
4/29/2019 10:25:43 AM
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Contracts
Company Name
TINY TIM LP (C/O COMMUNITY DEVELOPMENT PARTNERS)
Contract #
A-2019-058-01
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
4/16/2019
Destruction Year
0
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Notwithstanding anything to the contrary herein, Beneficiary hereby agrees that any cure of any <br />default made or tendered by Trustor's limited partner shall be deemed to be a cure by Trustor and <br />shall be accepted or rejected on the same basis as if made or tendered by Trustor. <br />The Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in <br />pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorneys' <br />fees. <br />19. Trustor's Right to Reinstate. Notwithstanding the Beneficiary's acceleration of the <br />sums secured by this Deed of Trust, Trustor will have the right to have any proceedings begun by the <br />Beneficiary to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale <br />of the Security pursuant to the power of sale contained in this Deed of Trust or at any time prior to <br />entry of a judgment enforcing this Deed of Trust if. (a) Trustor pays the Beneficiary all sums that <br />would be then due under this Deed of Trust, and no acceleration under the Inclusionary Promissory <br />Note has occurred; (b) Trustor cures all breaches of any other covenants or agreements of Trustor <br />contained in this Deed of Trust; (c) Trustor pays all reasonable expenses incurred by the Beneficiary <br />and the Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of Trust <br />and in enforcing the Beneficiary's and the Trustee's remedies, including, but not limited to, reasonable <br />attorneys' fees; and, (d) Trustor takes such action as the Beneficiary may reasonably require to assure <br />that the lien of this Deed of Trust, the Beneficiary's interest in the Security and Trustor's obligation <br />to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and <br />cure by Trustor, this Deed of Trust and the obligations secured hereby will remain in full force and <br />effect as if no acceleration had occurred. <br />20. Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly <br />executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to <br />notify any party to this Deed of Trust of pending sale under any other deed of trust or any action or <br />proceeding in which Trustor, Beneficiary, or Trustee shall be a party, unless brought by Trustee. <br />21. Reconveyance. Upon payment of all sums secured by this Deed of Trust, the <br />Beneficiary will request the Trustee to reconvey the Security and will surrender this Deed of Trust <br />and the Inclusionary Promissory Note to the Trustee. The Trustee will reconvey the Security without <br />warranty and without charge to the person or persons legally entitled thereto. Such person or persons <br />will pay all costs of recordation, if any. <br />22. Substitute Trustee. The Beneficiary, at the Beneficiary's option, may from time to <br />time remove the Trustee and appoint a successor trustee to any Trustee appointed hereunder. The <br />successor trustee will succeed to all the title, power and duties conferred upon the Trustee herein and <br />by applicable law. <br />23. Request for Notice. Trustor requests that copies of the notice of default and notice of <br />sale be sent to Trustee at the address set forth in Section 14 above. <br />24. Nonrecourse Liability, Neither Trustor nor any partner of Trustor nor any other <br />person or entity shall have any personal liability under the Agreement, Inclusionary <br />Promissory Note, or this Deed of Trust, and any judgment, decree or order for payment of <br />money obtained in any action to enforce the obligation of Trustor to repay the loan evidenced <br />6 <br />
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