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ANR INDUSTRIES, INC. (2)-2009
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ANR INDUSTRIES, INC. (2)-2009
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Entry Properties
Last modified
1/3/2012 3:25:00 PM
Creation date
4/23/2010 9:05:22 AM
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Contracts
Company Name
ANR INDUSTRIES, INC.
Contract #
A-2010-047
Agency
Community Development
Council Approval Date
3/1/2010
Insurance Exp Date
5/19/2010
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<br />contested in good faith and by appropriate proceedings, and (b) Trustor maintains reserves <br />adequate to pay any liabilities contested pursuant to the terms hereof, and in accordance with <br />generally accepted accounting principles. With respect to special assessments or other similar <br />governmental charges, Trustor shall pay such amount in whole or in installments over a period of <br />years. <br /> <br />In the event that Trustor shall fail to pay any of the items required by this Section to be paid by <br />Trustor, Beneficiary may (but shall be under no obligation to) pay the same, after the Beneficiary <br />has notified the Trustor of such failure to pay and the Trustor fails to fully pay any such item <br />within seven (7) business days of the earlier of the receipt or mailing of such notice. Any <br />amount so advanced therefor by Beneficiary, together with interest thereon from the date of such <br />advance at the maximum rate permitted under Section 1 (2) of Article XV of the California <br />Constitution, shall become an additional obligation of Trustor to the Beneficiary and shall be <br />secured hereby, and Trustor hereby agrees to pay all such amounts. <br /> <br />2. Provisions Respecting Insurance. Trustor agrees to provide insurance covering one <br />hundred percent (100%) of the replacement cost of all insurable items within the Property in the <br />event of fire, lightning, debris removal, windstorm, vandalism, malicious mischief, theft, <br />mysterious disappearance and hazards, casualties and contingencies as are normally and usually <br />covered by all-risk policies in effect in the locality where the Property are situated. All such <br />insurance policies and coverages (i) shall be maintained at Trustor's sole cost and expense so <br />long as any part of the amounts secured by this Deed of Trust have not been paid, and (ii) shall <br />be with insurers of recognized responsibility and in form and substance satisfactory to the <br />Beneficiary, (iii) shall name Beneficiary as additional insured, and (iv) shall contain a provision <br />to the effect that the insurer shall not cancel the policy or modify it materially and adversely to <br />the interests of Beneficiary without first giving at least thirty (30) days' prior written notice <br />thereof. Certificates of insurance for all of the above insurance policies showing the same to be <br />in full force and effect shall be delivered to the Beneficiary upon demand therefor at any time <br />prior to the Expiration Date. Should the Property be determined to be in a Flood Zone, Trustor is <br />required to purchase Flood Insurance for the Property. <br /> <br />Article IV. DAMAGE, DESTRUCTION OR CONDEMNATION <br /> <br />1. Damage and Destruction If, prior to the Expiration Date, the Property or any portion <br />thereof is destroyed (in whole or in part) or is damaged by fire or other casualty, the Trustor shall <br />(a) cause any insurance proceeds arising from insurance referred to herein and any other <br />coverage acquired by the Trustor to be used to promptly rebuild and replace the Property, and (b) <br />repair and replace the Property as necessary to bring the Property into conformity with the <br />standards of construction and operation characteristic of residences of size, character, and quality <br />similar to the Property. There shall be no abatement in, and Trustor shall be obligated to <br />continue to pay, the amounts payable under the Agreement and this Deed of Trust. <br /> <br />2. Condemnation. If title to or any interest in or the temporary use of the Property or any <br />part thereof shall be taken under the exercise of the power of eminent domain by any <br />governmental body or by any person, firm or corporation acting under governmental authority, <br />including any proceeding or purchase in lieu thereof, the proceeds as a result of such taking shall <br />be paid as provided by the law of the State of California to all persons or entities as their interests <br />appear of record. <br /> <br />6 <br />
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