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Inst 2009198748
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Inst 2009198748
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Last modified
7/17/2009 5:26:46 PM
Creation date
7/17/2009 5:26:45 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/5/2009
Recorded Document Type
Deed of Trust
Retention
PERM
Document Relationships
RDA Agmt 2009 Munteanu_Gavril etc
(Reference)
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\City Clerk\City Council\Agreements\2009
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or pending condemnation, eminent domain, or similar proceedings affecting the Land or <br />any portion thereof; (iv) Trustor has not received any notice from any insurer of defects <br />of the Property which have not been corrected; (v) there are no natural or artificial <br />conditions upon the Land or any part thereof that could result in a material and adverse <br />change in the condition of the Land; (vi) all information that Trustor has delivered to <br />Beneficiary, either directly or through Trustor's agents, is accurate and complete; and <br />(vii) Trustor or Trustor's agents have disclosed to Beneficiary all material facts <br />concerning the Property. <br />7.3 Authori .Trustor represents and warrants that this Deed of Trust and all <br />other documents delivered or to be delivered by Trustor in connection herewith: (a) <br />have been duly authorized, executed, and delivered by Trustor; (b) are binding <br />obligations of Trustor; and (c) do not violate the provisions of any agreement to which <br />Trustor is a party or which affects the Property. Trustor further represents and warrants <br />that there are no pending, or to Trustor's knowledge, threatened .actions or proceedings <br />before any court or administrative agency which may adversely affect Trustor's <br />ownership of the Property. <br />7.4 Payment and Performance of Secured Obligations. Trustor shall <br />promptly pay and perform all obligations of Trustor arising in connection with the <br />Secured Obligations in accordance with the respective terms thereof. <br />7.5 Use of Loan Proceeds Preservation and Maintenance of Property; <br />Compliance with Laws. Trustor covenants that it shall use the Loan Proceeds solely for <br />purpose of financing the Project in accordance with the Loan Agreement. Trustor shall <br />keep the Land and Improvements in good repair and condition, and from time to time <br />shall make necessary repairs, renewals and replacements thereto so that the Property <br />shall be preserved and maintained. Trustor covenants to comply with all federal, state <br />and local laws, regulations, ordinances and rules applicable to the Property and the <br />Project, including without limitation all applicable requirements of state and local <br />building codes and regulations, Prevailing Wage Laws, and all applicable statutes and <br />regulations relating to accessibility for the disabled. Trustor shall not remove, demolish <br />or materially alter any Improvement without Beneficiary's consent, shall complete or <br />restore promptly and in good and workmanlike manner any building, fixture or other <br />improvement which may be constructed, damaged, or destroyed thereon, and shall pay <br />when due all claims for labor performed and materials furnished therefor. Trustor shall <br />use the Land and Improvements solely for purposes authorized by the Loan <br />Documents, shall not commit or allow waste of the Property, and shall not commit or <br />allow any act upon or use of the Property which would violate any applicable law or <br />order of any governmental authority, nor shall Trustor bring on or keep any article on the <br />Property or cause or allow any condition to exist thereon which could invalidate or which <br />would be prohibited by any insurance coverage required to be maintained on the <br />Property pursuant to the Loan Documents. <br />7.6 Reserved. <br />7.7 Inspections; Books and Records. Beneficiary and its agents and <br />1177360-2 6 <br />
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