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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 C <br />4. Payment of the Promissory Note Amount. The Trustor shall pay to the Beneficiary an <br />amount equal to the Amount of the Promissory Note, in the amount(s) and by the time(s) set out <br />in the therein. The failure to pay said Amount constitutes an Event of Default under the <br />Promissory Note authorizing and permitting the Beneficiary to exercise the remedies set forth <br />herein. <br />5. Subrogation: Payment of Claims. Provided that the Beneficiary gives notice of at least <br />five (5) business days to the Trustor, the Beneficiary shall be subrogated to the claims and liens <br />of all parties whose claims or liens are discharged or paid by the Beneficiary pursuant to the <br />provisions hereof. <br />6. Use of the Property. The Trustor agrees and covenants to use the Property as its <br />primary residence in full compliance with the Agreement until the Termination Date. <br />7. Transfer. No sale, transfer, lease, pledge, encumbrance, creation of a security interest in <br />or other hypothecation of the Security shall relieve or release the Trustor from primary liability <br />under this Deed of Trust or the Agreement. <br />Article VII. EVENTS OF DEFAULT AND REMEDIES <br />I . Events of Default Defined. The occurrence of any failure of the Trustor to perform <br />under this Deed of Trust or the Promissory Note, and the continuation of said failure for a period <br />of thirty (30) business days as to monetary obligations and sixty (60) business days as to non-- <br />monetary obligations, after written notice specifying such failure and requesting that it be <br />remedied (such notice being referred to herein as a "notice of default") shall have been given to <br />Trustor from the Beneficiary, shall be an Event of Default under this Deed of Trust. If the <br />default is such that it is not reasonably capable of being cured within sixty (60) days, and Trustor <br />(i) initiates corrective action within said period, and (ii) diligently and in good faith works to <br />effect a cure as soon as possible, then Trustor shall have additional time as is reasonably <br />necessary to cure the default prior to exercise of any remedies by the Beneficiary. In no event <br />shall the Beneficiary be precluded from exercising remedies if its security becomes or is about to <br />become materially jeopardized by any failure to cure a default or the default is not cured within <br />ninety (90) days after the notice of default is first given. <br />2. Acceleration of Maturity. If an Event of Default shall have occurred and be continuing, <br />then the entire indebtedness secured hereby shall, at the option of the Beneficiary, immediately <br />become due and payable without notice or demand which are hereby expressly waived, and no <br />omission on the part of the Beneficiary to exercise such option when entitled to do so shall be <br />construed as a waiver of such right. <br />3. The Beneficiary's Right to Enter and Take Possession. If an event of Default shall have <br />occurred and be continuing, the Beneficiary may: <br />City.HO.DOT Page 7 of 13 2/8/10 <br />?W?4T6
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