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09B
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2018
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020618
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09B
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1/31/2018 5:22:20 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/6/2018
DESTRUCT DATE
15Y
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in this Deed of Trust; (ii) Beneficiary's failure or refusal to perform or discharge any <br />obligation or liability of Trustor under any agreement related to the Property or under <br />this Deed of Trust; (iii) any waste committed by Trustor, the lessees of the Property or <br />any third parties, or any dangerous or defective condition of the Property (excepting <br />conditions caused by one or more Indemnitees); or (iv) any loss sustained by Trustor or <br />any third party resulting from any act or omission of Beneficiary in managing the <br />Property after an Event of Default, unless the loss is caused by the willful misconduct, <br />gross negligence, or bad faith of Beneficiary. Trustor hereby expressly waives and <br />releases all liability of the types described in this Section 7.14 and agrees that Trustor <br />shall assert no claim related to any of the foregoing against Beneficiary. <br />7.15 Condemnation Proceeds. Subject to the rights of any senior Iienholders, <br />and the provisions of the Ground Lease, any award of damages in connection with any <br />condemnation for public use of, or injury to the Property or any part thereof is hereby <br />assigned and shall be paid to Beneficiary who may apply such moneys to any <br />indebtedness secured hereby in such order as Beneficiary may determine, or at the <br />option of Beneficiary the entire amount so collected or any part thereof may be released <br />to Trustor. Such application or release shall not cure or waive any default or notice of <br />default hereunder or invalidate any act done pursuant to such notice. <br />7.16 Release, Extension, Modification. At any time and from time to time, <br />without liability therefor and without notice, upon written request of Beneficiary and <br />presentation of this Deed of Trust and the Note for endorsement, Trustee may release <br />or reconvey all or any part of the Property, consent to the making of any map or plat of <br />the Land or part thereof, join in granting any easement or creating any restriction <br />affecting the Property, or join in any extension agreement or other agreement affecting <br />the lien or charge hereof. At any time and from time to time, without liability therefor <br />and without notice, Beneficiary may (i) release any person liable for payment of any <br />Secured Obligation, (ii) extend the time for payment or otherwise alter the terms of <br />payment of any Secured Obligation; (iii) accept additional real or personal property of <br />any kind as security for any Secured Obligation, or (iv) substitute or release any <br />property securing the Secured Obligations. <br />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 />14 <br />OAK #4818-1017-3530 v2 <br />
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