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25D - AGMT - ALLOCATION NSP 3
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25D - AGMT - ALLOCATION NSP 3
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Last modified
1/3/2012 3:43:47 PM
Creation date
6/16/2011 12:29:31 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25D
Date
6/20/2011
Destruction Year
2016
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EXHIBIT B <br />10. Trustee May File Proofs of Claim. In the case of any receivership, insolvency, <br />bankruptcy, reorganization, arrangement, adjustment, composition or other proceedings <br />affecting the Trustor, its creditors or its property, the Beneficiary, to the extent permitted by <br />law, shall be entitled to file such proofs of claims and other documents as may be necessary <br />or advisable in order to have the claims of the Beneficiary allowed in such proceedings for <br />the entire amount due and payable by the Trustor under this Deed of Trust at the date of the <br />institution of such proceedings and for any additional amount which may become due and <br />payable by the Trustor hereunder after such date. <br />Article VIII. MISCELLANEOUS <br />1. Amendments. This instrument cannot be waived, changed, discharged or terminated <br />orally, but only by an instrument in writing signed by the party against whom enforcement of <br />any waiver, change, discharge or termination is sought. <br />2. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums <br />secured hereby have been paid or forgiven, and upon surrender of this Deed of Trust to Trustee <br />for cancellation and retention, and upon payment by Trustor of Trustee's reasonable fees, <br />Trustee shall reconvey to Trustor, or to the person or persons legally entitle thereto, without <br />warranty, any portion of the Property then held hereunder. The recitals in such reconveyance of <br />any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any <br />reconveyance may be described as "the person or persons legally entitled thereto." The <br />Beneficiary may provide the Trustee with instructions allowing partial reconveyance of the Deed <br />of Trust if requested by Trustor. <br />3. Notices. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any <br />notice, demand, request or other communication with respect to this Deed of Trust, each such <br />notice, demand, request or other communication shall be in writing and shall be effective only if <br />the same is delivered by personal service or mailed by registered or certified mail, postage <br />prepaid, return receipts requested, or by facsimile transmission, addressed as set forth below. <br />Any party may at any time change its address for such notices by delivering or mailing to the <br />other parties hereto, as aforesaid, a notice of such change. <br />To City: City of Santa Ana - Housing Division <br />20 Civic Center Plaza, M-37 <br />Santa Ana, California 92701 <br />Attention: Executive Director <br />To Developer: ANR Homes, Inc. <br />10702 Hathaway Drive, Unit 1 <br />Santa Fe Springs, CA 90670 <br />Attention: George Jordan, Vice President <br />4. Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly <br />executed and acknowledged, is made a public record as provided by law. <br />13 <br />x"Blj3 ou-
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