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RES 17969
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RES 17969
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11/7/2017 3:56:57 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/17/2017
DESTRUCT DATE
PERMANENT
DOCUMENT NO
17969
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7 17 Reconveyance Upon written request of Beneficiary stating that all of the <br /> Secured Obligations have been paid in full, and upon surrender of this Deed of Trust, <br /> and the Note, Trustee shall reconvey, without warranty, the Property or so much of it as <br /> is then held under this Deed of Trust The recitals in any reconveyance executed under <br /> this Deed of Trust of any matters or facts shall be conclusive proof of the truthfulness <br /> thereof Trustor shall pay all fees of Trustee and all recordation fees related to such <br /> reconveyance. <br /> 7.18 Cure; Protection of Security Upon the occurrence of an Event of Default, <br /> either Beneficiary or Trustee may cure any breach or default of Trustor if Trustor fails to <br /> do so within the applicable cure period, and if it chooses to do so in connection with any <br /> such cure, Beneficiary or Trustee may also enter the Property and/or do any and all <br /> other things which it may in its sole discretion consider necessary and appropriate to <br /> protect the security of this Deed of Trust Such other things may include appearing in <br /> and/or defending any action or proceeding which purports to affect the security of, or the <br /> rights or powers of Beneficiary or Trustee under, this Deed of Trust; paying, purchasing, <br /> contesting or compromising any encumbrance, charge, lien or claim of lien which in <br /> Beneficiary's or Trustee's sole judgment is or may be senior in priority to this Deed of <br /> Trust, such judgment of Beneficiary or Trustee to be conclusive as among Beneficiary, <br /> Trustee and Trustor; obtaining insurance and/or paying any premiums or charges for <br /> insurance required to be carried hereunder, otherwise caring for and protecting any and <br /> all of the Property, and/or employing counsel, accountants, contractors and other <br /> appropriate persons to assist Beneficiary or Trustee Beneficiary and Trustee may take <br /> any of the actions permitted under this Section 7 18 either with or without giving notice, <br /> except for notices required under applicable law Any amounts disbursed by Beneficiary <br /> pursuant to this paragraph shall become additional indebtedness secured by this Deed <br /> of Trust. <br /> 7 19 Limited Partners Right to Cure Trustor's limited partners and the Project <br /> lenders shall have the right to cure any default of Trustor hereunder pursuant to the <br /> terms set forth in the Loan Agreement Beneficiary shall provide any notice of default <br /> hereunder to such parties concurrently with the provision of such notice to Trustor, and <br /> as to the limited partners, and Project lenders, the cure periods specified herein and in <br /> the Loan Agreement shall commence upon the date of delivery of such notice in <br /> accordance with Section 10.2 <br /> 8 Default and Remedies <br /> 8 1 Events of Default Trustor acknowledges and agrees that an Event of <br /> Default shall occur under this Deed of Trust upon the occurrence of any one or more of <br /> the following events <br /> a Beneficiary's declaration of an Event of Default under any City <br /> Document, or under the City HOME Loan Agreement, the City HOME Note, the City <br /> HOME Deed of Trust, or the Ground Lease, subject to the expiration of any applicable <br /> cure period set forth in such document, <br /> 15 <br /> OAK #4847-7399-4286 v5 <br />
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