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WESTVIEW HOUSE L (7).P
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WESTVIEW HOUSE L (7).P
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Last modified
7/6/2022 12:11:57 PM
Creation date
7/6/2022 12:10:55 PM
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Contracts
Company Name
WESTVIEW HOUSE L.P
Contract #
A-2022-083-02
Agency
Community Development
Council Approval Date
5/17/2022
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Code Section 2924g(b), at public auction to the highest bidder, for cash in lawful money of the <br />United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers <br />thereof its good and sufficient deed or deeds conveying the property so sold, but without any <br />covenant or warranty, express or implied. The recitals in such deed or any matters of facts shall <br />be conclusive proof of the truthfulness thereof. Any person, including, without limitation, <br />Trustor, Trustee or Beneficiary, may purchase at such sale. <br />(b) After deducting all reasonable costs, fees and expenses of Trustee, <br />including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds <br />of sale to payment of: (1) the unpaid Principal amount of the Note; (2) all other sums then <br />secured hereby; and (3) the remainder, if any, to Trustor. <br />(c) Trustee may postpone sale of all or any portion of the Security by public <br />announcement at such time and place of sale, and from time to time thereafter, and without <br />further notice make such sale at the time fixed by the last postponement, or may, in its discretion, <br />give a new notice of sale. <br />7.5. Receiver <br />If an Event of Default shall have occurred and be continuing, Beneficiary, as a matter of <br />right and without further notice to Trustor or anyone claiming under the Security, and without <br />regard to the then value of the Security or the interest of Trustor therein, shall have the right to <br />apply to any court having jurisdiction to appoint a receiver or receivers of the Security (or a part <br />thereof), and Trustor hereby irrevocably consents to such appointment and waives further notice <br />of any application therefor. Any such receiver or receivers shall have all the usual powers and <br />duties of receivers in like or similar cases, and all the powers and duties of Beneficiary in case of <br />entry as provided herein, and shall continue as such and exercise all such powers until the date of <br />confirmation of sale of the Security, unless such receivership is sooner terminated. <br />7.6. Application of Funds After Default. <br />Except as otherwise herein provided, upon the occurrence of an Event of Default <br />hereunder, and while such Event of Default remains uncured, Beneficiary may, at any time <br />without notice, apply any or all sums or amounts received and held by Beneficiary to pay <br />insurance premiums, Impositions, or either of them, or as Rents or income of the Security, or as <br />insurance or condemnation proceeds, and all other sums or amounts received by Beneficiary <br />from or on account of Trustor or the Security, or otherwise, against any indebtedness or <br />Obligation of the Trustor secured hereby, in such manner and order as Beneficiary may elect. <br />The receipt, use or application of any such sum or amount shall not be construed to affect the <br />maturity of any indebtedness secured by this Deed of Trust, or any of the rights or powers of <br />Beneficiary under the terms of the Loan Agreement, this Deed of Trust or the Note, or any of the <br />Obligations of Trustor or any guarantor under any other instruments or documents now or <br />hereafter delivered in connection with the Loan Agreement or to cure or waive any default or <br />notice of default under the Loan Agreement or any such instruments or documents; or to <br />invalidate any act of Trustee or Beneficiary. <br />7.7. Costs of Enforcement. <br />26 <br />westview Home <br />City HOME Deed of Trust <br />
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