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RES 231425
City of Pleasanton
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CITY CLERK
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2023
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RES 231425
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10/24/2023 2:52:42 PM
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10/24/2023 2:52:34 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/17/2023
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then Lender at Lender's option, upon notice to Borrower, may make such appearances, <br /> disburse such sums and take such action as is necessary to protect Lender's interest, <br /> including, but not limited to, disbursement of reasonable attorneys' fees and entry upon <br /> the Property to make repairs. If Lender required mortgage insurance as a condition of <br /> making the loan secured by this Deed ofTrust, Borrower shall pay the premiums required to <br /> maintain such insurance in effect until such time as the requirement for such insurance <br /> terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br /> Borrower shall pay the amount ofall mortgage insurance premiums in the manner <br /> provided under Section 2 hereof. <br /> Any amounts disbursed by Lender pursuant to this Section 9, with interest thereon, <br /> shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless <br /> Borrower and Lender agree to other terms of payment, such amounts shall be payable <br /> upon notice from Lender to Borrower requesting payment thereof, and shall bear interest <br /> from the date of disbursement at the 3% simple interest rate payable on the outstanding <br /> portion ofthe principal in the Note. <br /> 10. Inspection. Lender may make or cause to be made reasonable entries upon and <br /> inspection ofthe Property, provided that Lender shall give Borrower notice prior to any such <br /> inspection specifying reasonable cause therefor related to Lender's interest in the Property. <br /> Such inspections shall include, without limitation, those made by Lender as part ofthe <br /> periodic recertification ofeligibility ofBorrowerfor assistance under the Program. <br /> 11. Condemnation. Subject to the rights ofthe holder ofa senior deed oftrust, the <br /> proceeds of any award claim for damages, direct or consequential, in connection with any <br /> condemnation or other taking ofthe Property, or part thereof, or for conveyance in lieu of <br /> condemnation, are hereby assigned and shall be paid to Lender. <br /> In the event of a total taking ofthe Property the proceeds shall be treated as if <br /> received from a sale ofthe Property. The proceeds shall be applied to senior deeds of trust, <br /> and then to the sums to be repaid in the amount and manner described in the Note. Any part <br /> ofthe proceeds remaining after these amounts have been paid shall be paid to the Borrower. <br /> In the event the proceeds are less than needed to fully repay these sums, the proceeds <br /> shall be allocated first to the holder ofthe senior deeds and the remainder to that portion of <br /> the sums owed which are described in the Note. In the event of a partial taking ofthe <br /> Property, unless Borrower and Lender otherwise agree in writing, the proceeds shall be <br /> treated as if received from a sale of that portion ofthe Property which is taken in the <br /> condemnation. The percentage value ofthe portion taken, as compared to the full value of <br /> the entire Property, shall be determined by dividing the condemnation proceeds by the fair <br /> market value of the entire property just prior to the taking. <br /> This percentage value, once determined, shall be used for calculations below. <br /> Condemnation proceeds from a partial taking shall be allocated in the following manner: <br /> A. First, in payment of senior deeds of trust. <br /> 5 <br />
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