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WESTVIEW HOUSE L (4).P
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WESTVIEW HOUSE L (4).P
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Last modified
7/6/2022 11:58:12 AM
Creation date
7/6/2022 11:57:20 AM
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Contracts
Company Name
WESTVIEW HOUSE L.P
Contract #
A-2022-084-02
Agency
Community Development
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obligated to, discharge the same, without inquiring into the validity of such lien, encumbrance or <br />charge nor into the existence of any defense or offset thereto, either by paying the amount <br />claimed to be due, or by procuring the discharge of such lien, encumbrance or charge by <br />depositing in court a bond or the amount claimed, or otherwise giving security for such claim, in <br />such manner as is or may be prescribed by law. Truster shall, promptly upon demand therefor <br />by Beneficiary, pay to Beneficiary an amount equal to all costs and expenses incurred by <br />Beneficiary in connection with the exercise by Beneficiary of the foregoing right to discharge <br />any such lien, encumbrance or charge, together with interest thereon from the date of such <br />expenditure at the Agreed Rate and, until paid, such sums shall be secured hereby. <br />2.17. Beneficiary's Powers. <br />Without affecting the liability of any other person liable for the payment of any <br />Obligation herein mentioned, and without affecting the lien or charge of this Deed of Trust upon <br />any portion of the Security not then or theretofore released as security for the full amount of all <br />unpaid Obligations, Beneficiary may, from time to time and without notice: (a) release any <br />person so liable, (b) extend the maturity or alter any of the terms of any such Obligation (to the <br />extent that Beneficiary is so allowed under the Loan Agreement), (c) grant other indulgences, (d) <br />release or reconvey, or cause to be released or reconveyed at any time at Beneficiary's option any <br />parcel, portion or all of the Security, (e) take or release any other or additional security for any <br />Obligation herein mentioned, or (f) make compositions or other arrangements with debtors in <br />relation thereto. By accepting payment or performance of any Obligation secured by this Deed <br />of Trust after the payment or performance thereof is due or after the filing of notice of default <br />and election to sell (other than satisfaction in full of the Obligations), Beneficiary shall not have <br />thereby waived its right to require prompt payment or performance, when due, of all other <br />Obligations secured hereby, or to declare a default for failure so to pay or perform, or to proceed <br />with the sale under any notice of default and election to sell theretofore given by Beneficiary, or <br />with respect to any unpaid balance of the indebtedness secured hereby. The acceptance by <br />Beneficiary of any sum in an amount less than the sum then due shall not constitute a waiver of <br />the obligation of Trustor to pay the entire sum then due. Truster's failure to pay the entire sum <br />then due shall continue to be a default, notwithstanding the acceptance of partial payment, and, <br />until the entire sum then due shall have been paid, Beneficiary or Trustee shall at all times be <br />entitled to declare a default and to exercise all the remedies herein conferred, and the right to <br />proceed with a sale under any notice of default and election to sell shall in no way be impaired, <br />whether or not such amounts are received prior or subsequent to such notice. No delay or <br />omission of Trustee or Beneficiary in the exercise of any other right or power hereunder shall <br />impair such right or power or any other right or power nor shall the same be construed to be a <br />waiver of any default or any acquiescence therein. <br />2.18. Suits to Protect Property. <br />Trustor agrees to appear in and defend any action or proceeding purporting to affect the <br />security of this Deed of Trust or any additional or other security for the obligations secured, the <br />interest of Beneficiary of the rights, powers and duties of Trustee, and to pay all costs and <br />expenses, including without limitation, cost of evidence of title and reasonable attorneys' fees, in <br />any action or proceeding in which Beneficiary or Trustee may appear to be made a party, <br />including, but not limited to, foreclosure or other proceeding commenced by those claiming a <br />12 <br />Westview House <br />City Inclusionary Housing Program Deed of Trust <br />
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