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25C - AGMT HOMEBUYER ASSISTANCE
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03/06/2018
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25C - AGMT HOMEBUYER ASSISTANCE
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3/1/2018 7:04:43 PM
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3/1/2018 6:50:56 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25C
Date
3/6/2018
Destruction Year
2023
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provided above. Notice shall be effective as of the date received by the Beneficiary as shown on the <br />return receipt. <br />15. Governing Law. This Deed of Trust shall be governed by the laws of the State of <br />California, with venue in Orange County. <br />16. Severability. In the event that any provision or clause of this Deed of Trust or the <br />Promissory Note conflicts with applicable law, such conflict will not affect other. provisions of this <br />Deed of Trust or the Promissory Note which can be given effect without the conflicting provision, <br />and to this end the provisions of the Deed of Trust and the Promissory Note "are declared 'to be , <br />severable. <br />17. Captions. The captions and headings in this Deed of Trust are fo,i-convenience only <br />and are not to be used to interpret or define the provisions hereof. <br />18. Default in Foreclosure: Remedies. Upon Trustors breach of any covenant or <br />agreement of Trustor in this Deed of Trust or the Promissory Note secured by this Deed of Trust, <br />including, but not limited to, the covenants to pay, when due, any sums,secured;by this Deed of <br />Trust, or any default under any other agreement the performance ofwhich is secured by this Deed of <br />Trust, the Beneficiary may declare all sums secured by this Deed of Trust immediately due and <br />payable by delivering to Trustor notice thereof specifying: (1) The breach; (2) the action required to <br />cure such breach; (3) a date not less than 30 days from the date the notice is received by Trustor as <br />shown on the return receipt, by which such'breach••is to be cured provided, however, that if such <br />default is not reasonable susceptible to being cured within 30 days; Trustor shall have a reasonable <br />period to cure the defect so long as Trustor is diligently prosecuting the cure to completion; and <br />(4) that failure to cure such breach on or before the date specified in the notice may result in <br />acceleration of the sums secured by this Deed of Trust and sale of the Security. The notice will also <br />inform Trustor of Trustor's'righi to reinstate after acceleration and the right to bring a court action to <br />assert the non-existence of default or any other defense of Trustor to acceleration and sale. <br />If the breach is not cured on or before the date specified in the notice or such longer <br />period as provided above, the Beneficiary, at the Beneficiary's option, may: (a) declare all of the <br />sums secured by this Deed of Trust to be immediately due and payable without further demand <br />and may,.ihvoke the power of'sale and any other remedies permitted by California law; (b) either <br />in person"or by agent, with or without bringing any action or proceeding, or by a receiver <br />appointed by a court, and without regard to the adequacy of its security, enter upon the Security <br />and take,possession thereof (or any part thereof) and of any of the Security, in its own name or in <br />the name'of the Trustee, and do any acts which it deems necessary or desirable to preserve the <br />value or'marketability, of the Property, or any part thereof or interest therein, increase the income <br />therefrom or protect the security thereof The entering upon and taking possession of the <br />Security shall not cure or waive any breach hereunder or invalidate any act done in response to <br />such breach and, notwithstanding the continuance in possession of the Security, the Beneficiary <br />shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon <br />occurrence of any uncured breach, including the right to exercise the power of sale; <br />(c) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or <br />specifically enforce any of the covenants hereof; (d) deliver to the Trustee a written declaration <br />of default and demand for sale, pursuant to the provisions for notice of sale found at California <br />Civil Code Sections 2924, et M., as amended from time to time; or (e) exercise all other rights <br />25C-26 <br />
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