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NORTH BROADWAY HOUSING PARTNERS LP (3)
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NORTH BROADWAY HOUSING PARTNERS LP (3)
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Last modified
9/24/2024 3:36:56 PM
Creation date
4/18/2023 1:33:27 PM
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Contracts
Company Name
NORTH BROADWAY HOUSING PARTNERS LP
Contract #
A-2023-031-01
Agency
Community Development
Council Approval Date
3/7/2023
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Event of Default or notice of default hereunder or invalidate any act done in response to such <br />Event of Default or pursuant to such notice of default, and, notwithstanding the continuance in <br />possession of the Security, Beneficiary shall be entitled to exercise every right provided for in <br />this Deed of Trust, or by law upon occurrence of any Event of Default, including the right to <br />exercise the power of sale; <br />(b) Commence an action to foreclose this Deed of Trust as a mortgage, <br />appoint a receiver, or specifically enforce any of the covenants hereof; <br />(c) Deliver to Trustee a written declaration of default and demand for sale, <br />and a written notice of default and election to cause Trustor's interest in the Security to be sold, <br />which notice Trustee or Beneficiary shall cause to be duly filed for record in the Official Records <br />of Orange County; or <br />(d) Exercise all other rights and remedies provided herein, in the instruments <br />by which the Grantor acquires title to any Security, or in any other document or agreement now <br />or hereafter evidencing, creating or securing all or any portion of the Obligations secured hereby, <br />or provided by law. <br />8.4. Foreclosure by Power of Sale. <br />Should the Beneficiary elect to foreclose by exercise of the power of sale herein <br />contained, the Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust, <br />the Loan Agreement and the Note which is secured hereby (and the deposit of which shall be <br />deemed to constitute evidence that the unpaid Principal amount of the Note is immediately due <br />and payable), and such receipts and evidence of any expenditures made that are additionally <br />secured hereby as Trustee may require. <br />(a) Upon receipt of such notice from the Beneficiary ("Notice of Default"), <br />Trustee shall cause to be recorded, published and delivered to Grantor such Notice of Default <br />and election to sell as then required by law and by this Deed of Trust. Trustee shall, without <br />demand on Trustor, after lapse of such time as may then be required by law and after recordation <br />of such Notice of Default and after notice of sale having been given as required by law ("Notice <br />of Sale"), sell the Security, at the time and place of sale fixed by it in said Notice of Sale, <br />whether as a whole or in separate lots or parcels or items as Trustee shall deem expedient and in <br />such order as it may determine unless specified otherwise to the Trustor according to California <br />Civil Code Section 2924g(b), at public auction to the highest bidder, for cash in lawful money of <br />the United States payable at the time of sale. Trustee shall deliver to such purchaser or <br />purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but <br />without any covenant or warranty, express or implied. The recitals in such deed or any matters <br />of facts shall be conclusive proof of the truthfulness thereof. Any person, including, without <br />limitation, Trustor, Trustee or Beneficiary, may purchase at such sale. <br />(b) After deducting all reasonable costs, fees and expenses of Trustee, <br />including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds <br />of sale to payment of: (1) the unpaid Principal amount of the Note; (2) all other sums then <br />secured hereby; and (3) the remainder, if any, to Trustor. <br />28 <br />WISEPlace Permanent Supportive Housing <br />City HOME -ARP Deed of Trust <br />
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