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FULL AGENDA PACKET_2021-04-20
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FULL AGENDA PACKET_2021-04-20
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City Clerk
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Clerk of the Council
Date
4/20/2021
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EXHIBIT 3 <br />Tf the breach is not cured Lrr or before the dote specified in the notice or such longer <br />period as provided above or in the City Loan Note or Lhe Agreement, the Beneficiary, at the <br />Bencliciary':; option, may: (a) declare all of the Alma acuucd by this City Dccd of Trust to <br />be immediately due and payable without finther demand and may invoke the power of sale <br />and any other remedies permitted by California law, (b) either in person or by agent, with or <br />without bringing any action or proceeding, or by a receiver appointed by a cow t, and <br />wilhoul regard Lo the adequacy of its security, ahler upon Lhc Security and Lake possession <br />thereof (or any part then of,) and of any of the Security, in its own name or in the name of the <br />Trustee, and do any acts which it deems necessaiy or desirable to preserve the value or <br />marketability of the Property, or part thereof or interest therein, increase the income <br />therefr-otn or protect the security thereof- The entering upon and taking possession of the <br />Security shall not cure or waive any breach hereunder or invalidate any act done in response <br />to such breach and, notwithstanding the continuance in possession of the Security, the <br />I lcrleticiary shall be entitled to exercise every right provided for in this Deed ofllnst, or by <br />law upon occurrence of any uncured breach, including the right to exercise the power of <br />sale; (c) commence an action to foreclose this Deed of Trust as a mortgage, appoint a <br />rce ivcr, or specifically enforce any of the covenants hereof, (d) deliver to the Trvstcc a <br />written declaration of default and demand for sale, pursuant to the provisions for notice of <br />sale found at California Civil Code Sections 2924. et seq., as amended from time to time; or <br />(e) exercise all other rights and remedies provided herein, in the instruments by which <br />Trustor acquires Lille to any Security, or in any other dOCLanent or agreenhenL now or <br />hacallcr evidencing, creating or scetuing all or any portion of Lhe obligations sccurcd <br />hereby, or provided by law. <br />NouuiLhslanding anything to Lhe contrary herein, Beneficiary hereby agrees that any <br />care of any default made or tendered by Trustor's limited partner shall be desired to he a <br />tun by Trustor and shrill be accepted or rcjc eted on the saine basis as if made or teildend by <br />Trustor. <br />The Beneficiary shall be entitled to collect all reasonable costs and expense; <br />incurred in putsuing the remedies provided in this paragraph, including, but not lirrliLed to. <br />reasonable attomevs fees. <br />19. Tru tor's Righl to Reinslate. Notwithstanding the Beneficiary's acceleration <br />of Lhe sLuns sccurcd by this City Deal of TlzrsL, TRrsLor will have Lhc tight to have any <br />proceedings began by the. Bcncfieiary to cnforec. this City Dccd of Trust disconlinttcd at any <br />time prior to 5 days before sale of the Security pursuant to the power of sale contained in <br />this City Teed (if Trust or at any time prior to envy of ajudentent enforcing this City Teed <br />of l rust if (a) I rwtorPays the Beneficiary all sums which would he then due under this <br />CiLy Deed of Trust and no acceleration under the City Loan Note has occurred; (b) Truslor <br />c ucs all brcachcs of any other c>vatants or agrccrnatts of Trustor contained in this Dccd of <br />Trust and the Attordability Restrictions on Transtor of Property; (C) I illstor pays all <br />reasonable expenses incurred by the Beneliciary and the lluslee in enforcing the covenants <br />and agreements ofTrustor contained in Lhis City Deed ofTlust and the Afiin-dabiliLy <br />Restrictions, and in enforcing the Beneficiary's and dre Trustee's remedies, including, but <br />not limited to, reasonable attorneys' fees; and (d) Trustor takes such action as 111C <br />City Council 6 21 — 68 4/20/2021 <br />
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