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03
City of Pleasanton
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030116
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2/25/2016 4:13:47 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/1/2016
DESTRUCT DATE
15Y
DOCUMENT NO
03
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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 /> their respective addresses specified below or to such other address as a party may <br /> designate by written notice delivered to the other parties in accordance with this <br /> Section. All such notices shall be sent by: (a) personal delivery, in which case notice <br /> shall be deemed delivered upon receipt; (b) certified or registered mail, return receipt <br /> requested, in which case notice shall be deemed delivered two (2) business days after <br /> deposit, postage prepaid in the United States mail; or(c) nationally recognized <br /> overnight courier, in which case notice shall be deemed delivered one (1) day after <br /> deposit with such courier. <br /> 20 <br /> OAK #4847-7399-4286 v3 <br />
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