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09B
City of Pleasanton
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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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a. First, the portion of the Secured Obligations attributable to the <br />expenses of sale, costs of any action and any other sums for which Trustor is obligated <br />to pay or reimburse Beneficiary or Trustee under Section 7.12(c); and <br />b. Second, the remaining balance of all other Secured Obligations in <br />any order and proportions as Beneficiary in its sole discretion may choose. <br />8.4 Trustor's Right to Reinstate. Notwithstanding Beneficiary's acceleration of <br />the sums secured by this Deed of Trust, Trustor shall have the right to have any <br />proceedings begun by Beneficiary to enforce this Deed of Trust discontinued at any <br />time prior to five days before sale of the Property pursuant to the power of sale <br />contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this <br />Deed of Trust if: (a) Trustor pays Beneficiary all sums which would be then due under <br />the City Documents if the Secured Obligations had no acceleration provision; (b) Trustor <br />cures all breaches of any other covenants or agreements of Trustor contained in this <br />Deed of Trust; (c) Trustor pays all reasonable expenses incurred by Beneficiary and <br />Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of <br />Trust, and in enforcing Beneficiary's and Trustee's remedies as provided herein, <br />including, but not limited to, reasonable attorney's fees; and (d) Trustor takes such <br />action as Beneficiary may reasonably require to assure that the lien of this Deed of <br />Trust, Beneficiary's interest in the Property and Trustor's obligation to pay the sums <br />secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure <br />by Trustor, this Deed of Trust and the obligations secured hereby shall remain in full <br />force and effect as if no acceleration had occurred. <br />9. Trustor's Waivers. To the fullest extent permitted by law, Trustor waives: (a) all <br />statutes of limitations as a defense to any action or proceeding brought against Trustor <br />by Beneficiary; (b) the benefit of all laws now existing or which may hereafter be <br />enacted providing for any appraisement, valuation, stay, extension, redemption or <br />moratorium; (c) all rights of marshalling in the event of foreclosure; and (d) all <br />presentments, demands for performance, notices of nonperformance, protests, notices <br />of protest, notices of dishonor, notices of acceptance of this Deed of Trust and of the <br />existence, creation, or incurring of new or additional indebtedness, and demands and <br />notices of every kind. <br />10. Miscellaneous Provisions. <br />10.1 Additional Provisions. The City Documents grant further rights to <br />Beneficiary and contain further agreements and affirmative and negative covenants by <br />Trustor which apply to this Deed of Trust and the Property. <br />10.2 Notices. Trustor requests that a copy of notice of default and notice of <br />sale be mailed to Trustor at the address set forth below. That address is also the <br />mailing address of Trustor as debtor under the UCC. Beneficiary's address set forth <br />below is the address for Beneficiary as secured party under the UCC. Except for any <br />notice required under applicable law to be given in another manner, all notices to be <br />sent pursuant to this Deed of Trust shall be made in writing, and sent to the parties at <br />19 <br />OAK #9818-1017-3530 v2 <br />
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