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HABITAT FOR HUMANITY OF ORANGE COUNTY (5)
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HABITAT FOR HUMANITY OF ORANGE COUNTY (5)
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Last modified
8/8/2024 11:33:03 AM
Creation date
8/8/2024 11:32:53 AM
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Contracts
Company Name
HABITAT FOR HUMANITY OF ORANGE COUNTY
Contract #
A-2024-097
Agency
Community Development
Council Approval Date
7/16/2024
Insurance Exp Date
1/1/1900
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EXHIBIT D <br /> (5) To Pay immediately and without demand all sums so expended by <br /> Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in <br /> effect at the date hereof, and to pay for any statement provided for by law in effect at the date <br /> hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to <br /> exceed the maximum allowed by law at the time when said statement is demanded. <br /> B. It is mutually agreed: <br /> (1) That any award of damages in connection with any condemnation for <br /> public use of or injury to said property or any part thereof is hereby assigned and shall be paid to <br /> Beneficiary who may apply or release such monies received by him in the same manner and with <br /> the same effect as above provided for disposition of proceeds of fire or other insurance. <br /> (2) That by accepting payment of any sum secured hereby after its due date, <br /> Beneficiary does not waive his right either to require prompt payment when due of all other sums <br /> so secured or to declare default for failure so to pay. <br /> (3) That at any time or from time to time, without liability therefor and <br /> without notice, upon written request of Beneficiary and presentation of this Deed and said note <br /> for endorsement, and without affecting the personal liability of any person for payment of the <br /> indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the <br /> making of any map or plat thereof; join in granting any easement thereon; or join in any <br /> extension agreement or any agreement subordinating the lien or charge hereof. <br /> (4) That upon written request of Beneficiary stating that all sums secured <br /> hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation <br /> and retention or other disposition as Trustee in its sole discretion may choose and upon payment <br /> of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The <br /> recitals in such reconveyance or any matters or facts shall be conclusive proof of the truthfulness <br /> thereof. The Grantee in such reconveyance may be described as "the person or persons legally <br /> entitled thereto." <br /> (5) That as additional security, Trustor hereby gives to and confers upon <br /> Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the <br /> rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by <br /> Trustor in payment of any indebtedness secured hereby or in performance of any agreement <br /> hereunder, to collect and retain such rents, issues and profits as they become due and payable. <br /> Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or <br /> by a receiver to be appointed by a court, and without regard to the adequacy of any security for <br /> the indebtedness hereby secured, enter upon and take possession of said property or any part <br /> thereof, in his own name sue for or otherwise collect such rents, issues, and profits, including <br /> those past due and unpaid, and apply the same, less costs and expenses of operation and <br /> collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in <br /> such order as Beneficiary may determine. The entering upon and taking possession of said <br /> property, the collection of such rents, issues and profits and the application thereof as aforesaid, <br /> shall not cure or waive any default or notice of default hereunder or invalidate any act done <br /> pursuant to such notice. <br /> Exhibit C <br />
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