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SR 05:219
City of Pleasanton
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SR 05:219
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Last modified
9/15/2005 3:42:36 PM
Creation date
8/12/2005 9:29:51 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/16/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:219
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<br />7. That Trustor will keep the Property in good condition and repair, not to remove or <br />demolish any buildings thereon; to complete or restore promptly and in good and workmanlike <br />manner any building which may be constructed, damaged, or destroyed thereon and to pay when <br />due all claims for labor performed and materials furnished therefor; to comply with all laws <br />affecting said Property or requiring any alterations or improvements to be made thereon; not to <br />commit or permit waste thereof; not to commit, suffer or permit any act upon said Property in <br />violation of law and/or covenants, conditions and/or restrictions affecting said Property; <br /> <br />8. That Trustor will appear in and defend any action or proceeding purporting to <br />affect the security hereof or the rights or powers of Beneficiary or Trustee; <br /> <br />9. Should Trustor fail to do any act as herein provided, subject to the notice and cure <br />rights set forth in Section 5.1(c) of the Loan Agreement, Beneficiary or Trustee, but without <br />obligation so to do and without further notice to or demand upon Trustor and without releasing <br />Trustor from any obligation hereof, may make or do the same in such manner and to such extent <br />as either may deem necessary to protect the security hereof. Beneficiary or Trustee being <br />authorized to enter upon said Property for such purposes, may commence, appear in and/or <br />defend any action or proceeding purporting to affect the security hereof or the rights or powers of <br />Beneficiary or Trustee; may pay, purchase, contest, or compromise any encumbrance, charge, or <br />lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any <br />such powers, may pay necessary expenses, employ counsel, and pay such counsel's reasonable <br />attorneys' fees; <br /> <br />10. Beneficiary shall have the right to pay fire and other property insurance premiums <br />when due should Trustor fail to make any required premium payments; <br /> <br />11. To pay immediately and without demand all sums so expended by Beneficiary or <br />Trustee, under permission given under this Deed of Trust, with interest from date of expenditures <br />at the rate specified in the Note; <br /> <br />12. Trustor further covenants that it will not voluntarily create, suffer, or permit to be <br />created against the Property any lien or liens except as authorized by Beneficiary and further that <br />it will keep and maintain the property free from the claims of all persons supplying labor or <br />materials which will enter into the construction of any and all buildings now being erected or to <br />be erected on the Property, or will cause the release of or will provide a bond against any such <br />liens within sixty (60) days of Trustor's receipt of notice of the lien or liens; <br /> <br />13. Trustor shall not, voluntarily or involuntarily or by operation oflaw, sell, transfer, <br />lease, pledge, encumber, create a security interest in, or otherwise hypothecate or alienate all or <br />any part of the Property, except as permitted by the Loan Agreement. <br /> <br />14. Subject to the notice and cure rights set forth in the Loan Agreement, upon default <br />by Trustor in making any payments provided for herein or in the Note secured hereby, or if <br />Trustor shall fail to perform any covenant or agreement in this Deed of Trust, Beneficiary may <br />declare all sums secured hereby immediately due and payable by delivery to Trustee of written <br />declaration of default and demand for sale, and of written notice of default and of election to <br />cause the property to be sold, which notice Trustee shall cause to be duly filed for record and <br /> <br />3 <br /> <br />144\105\217741.3 <br />
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