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RES 231425
City of Pleasanton
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CITY CLERK
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2020-present
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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
DESTRUCT DATE
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B. Second, in payment of interest on any Future Advances made pursuant to <br /> Section 24 ofthis Deed of Trust. <br /> C. Third, in payment of principal on any Future Advances made pursuant to Section <br /> 24 of this Deed of Trust. <br /> D. Fourth, to the amount of principal and interest owing under the Note. <br /> E. Fifth, to the Borrower. <br /> Following the making ofthe above allocations of an award in partial condemnation, the <br /> principal and interest amounts owing under the Note shall both be reduced for all purposes by the <br /> percentage value determined above. <br /> If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the <br /> condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender <br /> within 30 days after the date such notice is mailed, Lender is authorized to collect and apply the <br /> proceeds, at Lender's option, either to restoration or repair ofthe Property or to the sums secured <br /> by this Deed of Trust. <br /> Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to <br /> principal shall not extend or postpone the due date ofthe payments referred to in Sections 1 and 2 <br /> hereof or change the amount of such installments. <br /> 12. Borrower Not Released. Extension of the time for payment or modification of <br /> amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest <br /> of Borrower shall not operate to release, in any manner, the liability ofthe original Borrower and <br /> Borrower's successors in interest. Lender shall not be required to commence proceedings against <br /> such successor or refuse to extend time for payment or otherwise modify amortization of the sums <br /> secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's <br /> successors in interest. <br /> 13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any <br /> right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or <br /> preclude the exercise of any such right or remedy. The procurement of insurance or the payment of <br /> taxes or other liens or charges by Lender shall not be a waiver of the Lender's right to accelerate the <br /> maturity ofthe indebtedness secured by this Deed ofTrust. <br /> 14. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and <br /> cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and <br /> may be exercised concurrently, independently or successively. <br /> 15. Successors and Assigns Bound:Joint and Several Liability: Captions. The covenants <br /> and agreements contained in this Deed of Trust shall bind, and the rights hereunder shall inure to, the <br /> respective successors and assigns of Lender and Borrower, subject to the provisions of Section 19 <br /> 6 <br />
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