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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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(c) Trustor hereby agrees: (1) to pay, prior to delinquency, all taxes, assessments, <br />charges, encumbrances and liens now or hereafter imposed upon or affecting all or any part of <br />the Personal Property; (2) not to amend, modify, supplement, terminate or cancel any of the <br />Personal Property; (3) without the prior written consent of Beneficiary, not to remove all or any <br />part of the tangible Personal Property from the Property; (4) to give Beneficiary thirty (30) days' <br />prior written notice of any change in Trustor's residence, principal place of business, chief <br />executive office or trade names or styles; (5) to appear in and defend any action or proceeding <br />which may affect the Personal Property (including, without limitation, actions, proceedings and <br />claims which may affect Trustor's title to the Personal Property or the validity or priority of <br />Beneficiary's security interest in the Personal Property); (6) to indemnify Beneficiary against all <br />claims, demands and liabilities of every kind caused by the Personal Property; and (7) upon not <br />less than 72 hours' prior written notice and during regular business hours, to permit Beneficiary <br />to enter Trustor's premises to inspect the Personal Property; provided, that Trustor shall have the <br />right to require that a representative of Trustor be present during any such entry made while any <br />construction and/or rehabilitation work is occurring. Trustor further agrees (8) to fully and timely <br />perform all of its obligations under and with respect to all Rights of Payment and to diligently <br />enforce all of the obligations of each obligor thereunder; (9) not to amend, modify, supplement, <br />cancel or terminate any of the Rights to Payment in any material respect without the prior written <br />consent of Beneficiary; (10) to keep the Rights to Payment and all proceeds free and clear of all <br />defaults, defenses, rights of offset and counterclaim; (11) to take or bring, in Beneficiary's name <br />or in the name of Trustor, as Beneficiary may require, all actions, suits or proceedings reasonably <br />deemed necessary by Beneficiary to effect collection or to realize upon Rights to Payment; and <br />(12) not to commingle Rights to Payment or collections thereunder with other property. <br />(d) As soon as practicable, and in any event within ten (10) days, Trustor shall notify <br />Beneficiary of: (1) any attachment or other legal process levied against any of the Personal <br />Property; (2) any information received by Trustor which may in any manner materially and <br />adversely affect the value of the Personal Property or the rights and remedies of Beneficiary with <br />respect thereto; and (3) the removal of any of the Personal Property to a new location other than <br />in the ordinary course of business and the removal of any records of Trustor relating to the <br />Personal Property to any location other than the Land and Improvements. <br />(e) Trustor hereby irrevocably constitutes and appoints Beneficiary as its attorney -in - <br />fact to, after the occurrence and during the occurrence of an Event of Default: (1) perform any <br />obligation of Trustor hereunder in Trustor's name or otherwise; (2) give notice of Beneficiary's <br />rights in the Rights to Payment, to enforce the same, and make extension agreements with <br />respect thereto; (3) release persons liable on the Rights to Payment and to give receipts and <br />acquittances and compromise disputes in connection therewith; (4) release security for the Rights <br />to Payment; (5) resort to security for the Rights to Payment in any order; (5) prepare, execute, <br />file, record or deliver notes, assignments, schedules, designation statements, financing <br />statements, continuation statements, termination statements, and other documents to perfect <br />preserve or release Beneficiary's interest in the Rights to Payment; and (6) do all acts and things <br />and execute all documents in the name of Trustor or otherwise, deemed by Beneficiary as <br />necessary, proper and convenient in connection with the preservation, perfection or enforcement <br />of its rights hereunder. The power of attorney granted hereunder is coupled with an interest and <br />is irrevocable. <br />Westview House <br />City HOME Deed of Trust <br />
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