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80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL
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80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL
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7/26/2016 5:25:48 PM
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6/4/2010 6:06:42 PM
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City Clerk
Doc Type
Agenda Packet
Item #
80A
Date
6/7/2010
Destruction Year
2015
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1. <br />exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable <br />fees. <br />(5) To Pay immediately and without demand all sums so expended by <br />Beneficiary or TrLIstee, 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 imu allowed by law at the time when said statement is demanded. <br />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 small be pain to <br />Beneficiary who i ay apply or release such monies received by him in the same manner and with <br />the sarrre ef'f'ect 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 paytrnent 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 froin 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 red hereby, Trustee may: r eon ey any part of said pr'oper'ty; consent to the <br />making of any tap or plat thereof; join in r ing any easement thereon; or join In are <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. Tile <br />recitals in such reconveyance or any matters or facts shall be. conclusive proof of the trudiffilness <br />thereof. The Grantee in such r con eyan e 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 die 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 se curity for <br />the indebtedness hereby secured, enter upon and take possession of said propety or any part <br />thereof, in his own nine 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 attorneys' fees, upon any indebtedness secured <br />EXHIBIT B -2 TO ATTACHMENT NO. I <br />To Deed of Trust With Assignment ofRents <br />Non - Recordable Attachment <br />DOCSO Cl 1 400673irl 3/2 00272 -0001 <br />
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