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80A - JT PH VISTA DEL RIO HOUSING
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80A - JT PH VISTA DEL RIO HOUSING
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1/3/2012 4:17:53 PM
Creation date
7/15/2009 1:12:42 PM
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City Clerk
Doc Type
Agenda Packet
Item #
80A
Date
7/20/2009
Destruction Year
2014
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seg., as amended from time to time; or (e) exercise all other rights and remedies provided <br />herein, in the instruments by which Trustor acquires title to any Security, or in any other <br />document or agreement now or hereafter evidencing, creating or securing all or any portion <br />of the obligations secured hereby, or provided by law. <br />The Beneficiary shall be entitled to collect all reasonable costs and expenses <br />incurred in pursuing the remedies provided in this paragraph, including, but not limited to, <br />reasonable attorneys' fees. <br />19. Trustor's Right to Reinstate. Notwithstanding the Beneficiary's acceleration <br />of the sums secured by this Deed of Trust, Trustor will have the right to have any <br />proceedings begun by the Beneficiary to enforce this Deed of Trust discontinued at any time <br />prior to 5 days before sale of the Security pursuant to the power of sale contained in this <br />Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) <br />Trustor pays the Beneficiary all sums which would be then due under this Deed of Trust and <br />no acceleration under the Promissory Note has occurred; (b) Trustor cures all breaches of <br />any other covenants or agreements Trustor contained in this Deed of Trust and the <br />Covenants; (c) Trustor pays all reasonable expenses incurred by the Beneficiary and the <br />Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of <br />Trust and the Covenants, and in enforcing the Beneficiary's and the Trustee's remedies, <br />including, but not limited to, reasonable attorneys' fees; and (d) Trustor takes such action as <br />the Beneficiary may reasonably require to assure that the lien of this Deed of Trust, the <br />Beneficiary's interest in the Security and Trustor's obligation to pay the sums secured by this <br />Deed of Trust shall continue unimpaired. Upon such payment and cure by Trustor, this <br />Deed of Trust and the obligations secured hereby will remain in full force and effect as if no <br />acceleration had occurred. <br />20. Acceptance by Trustee. Trustee accepts this Trust when this Deed, duly <br />executed and acknowledged, is made a public record as provided by law. Trustee is not <br />obligated to notify any party to this Deed of Trust of pending sale under any other deed of <br />trust or any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a party <br />unless brought by Trustee. <br />21. Reconveyance. Upon payment or forgiveness of all sums secured by this <br />Deed of Trust, the Beneficiary will request the Trustee to reconvey the Security and will <br />surrender this Deed of Trust and the Promissory Note to the Trustee. The Trustee will <br />reconvey the Security without warranty and without charge to the person or persons legally <br />entitled thereto. Such person or persons will pay all costs of recordation, if any. <br />22. Substitute Trustee. The Beneficiary, at the Beneficiary's option, may from <br />time to time remove the Trustee and appoint a successor trustee to any Trustee appointed <br />hereunder. The successor trustee will succeed to all the title, power and duties conferred <br />upon the Trustee herein and by applicable law. <br />23. Request for Notice. Trustor requests that copies of the notice of default and <br />notice of sale be sent to Trustor at the address set forth in Section 14 above. <br />51 <br />80A-127 <br />
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