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FULL PACKET_2019-04-16
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FULL PACKET_2019-04-16
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City Clerk
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Clerk of the Council
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4/16/2019
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Code sections 2924, et seq., as amended from time to time; or, (e) exercise all other rights and <br />remedies provided herein, in the instruments by which Trustor acquires title to any Security, or in <br />any other document or agreement now or hereafter evidencing, creating or securing all or any <br />portion of the obligations secured hereby, or provided by law. <br />Notwithstanding anything to the contrary herein, Beneficiary hereby agrees that any cure of <br />any default made or tendered by Trustor's limited partner shall be deemed to be a cure by Trustor <br />and shall be accepted or rejected on the same basis as if made or tendered by Trustor. <br />The Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in <br />pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorneys' <br />fees. <br />19. Trnstor's Right to Reinstate. Notwithstanding the Beneficiary's acceleration of the <br />sums secured by this Deed of Trust, Trustor will have the right to have any proceedings begun by <br />the Beneficiary to enforce this Deed of Trust discontinued at any time prior to five (5) days before <br />sale of the Security pursuant to the power of sale contained in this Deed of Trust or at any time prior <br />to entry of a judgment enforcing this Deed of Trust if. (a) Trustor pays the Beneficiary all sums that <br />would be then due under this Deed of Trust, and no acceleration under the Agency Promissory Note <br />has occurred; (b) Trustor cures all breaches of any other covenants or agreements of Trustor <br />contained in this Deed of Trust; (c) Trustor pays all reasonable expenses incurred by the Beneficiary <br />and the Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of <br />Trust and in enforcing the Beneficiary's and the Trustee's remedies, including, but not limited to, <br />reasonable attorneys' fees; and, (d) Trustor takes such action as the Beneficiary may reasonably <br />require to assure that the lien of this Deed of Trust, the Beneficiary's interest in the Security and <br />Truster's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon <br />such payment and cure by Trustor, this Deed of Trust and the obligations. secured hereby will <br />remain in full force and effect as if no acceleration had occurred. <br />20. 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. Trustee is not obligated to <br />notify any party to this Deed of Trust of pending sale under any other deed of trust or any action or <br />proceeding in which Trustor, Beneficiary, or Trustee shall be a party, unless brought by Trustee. <br />21. Reconveyance. Upon payment of all sums secured by this Deed of Trust, the <br />Beneficiary will request the Trustee to reconvey the Security and will surrender this Deed of Trust <br />and the Agency Promissory Note to the Trustee. The Trustee will reconvey the Security without <br />warranty and without charge to the person or persons legally entitled thereto. Such person or <br />persons will pay all costs of recordation, if any. <br />22. Substitute Trustee. The Beneficiary, at the Beneficiary's option, may from time to <br />time remove the Trustee and appoint a successor trustee to any Trustee appointed hereunder. The <br />successor trustee will succeed to all the title, power and duties conferred upon the Trustee herein <br />and by applicable law. <br />23. Request for Notice. Trustor requests that copies of the notice of default and notice <br />of sale be sent to Trustee at the address set forth in Section 14 above. <br />80A-166 <br />
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