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Agmt 2009 Alameda Housing Associates LP
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Agmt 2009 Alameda Housing Associates LP
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Last modified
7/24/2009 2:59:01 PM
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7/24/2009 2:58:54 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
4/6/2009
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PERM
Document Relationships
Agmt 2009 Alameda Housing Associates LP (2)
(Reference)
Path:
\City Clerk\City Council\Agreements\2009
Agmt 2013 Alameda Housing Associates LC
(Amended by)
Path:
\City Clerk\City Council\Agreements\2013
RDA Reso 2009-009
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2009
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Clean Air Act [42 U.S.C. Section 7401, et seq.], the California Underground Storage of <br />Hazardous Substances Act [California Health and Safety Code Section 25280, et seq.], <br />the California Hazardous Substances Account Act [California Health and Safety Code <br />Section 25300, et seq.], the California Hazardous Waste Act [California Health and <br />Safety Code Section 25100, et seq.], the California Safe Drinking Water and Toxic <br />Enforcement Act [California Health and Safety Code Section 25249.5, et seq.], and the <br />Porter-Cologne Water Quality Control Act [California Water Code Section 13000, et <br />seq.], as they now exist or are hereafter amended, together with any regulations <br />promulgated thereunder. <br />7.12 Notice of Claims; Defense of Security; Reimbursement of Costs. <br />a. Notice of Claims. Trustor shall provide written notice to Beneficiary of any <br />uninsured or partially uninsured loss affecting the Property through fire, theft, liability, or <br />property damage in excess of an aggregate of Fifty Thousand Dollars ($50,000) within <br />five business days of the occurrence of such loss. Trustor shall use best efforts to <br />ensure that Beneficiary shall receive timely notice of, and shall have a right to cure, any <br />default under any other financing document or other lien affecting the Property and shall <br />use best efforts to ensure that provisions mandating such notice and allowing such right <br />to cure shall be included in all such documents. Within three business days of Trustor's <br />receipt thereof, Trustor shall provide Beneficiary with a copy of any notice of default <br />Trustor receives in connection with any financing document secured by the Property or <br />any part thereof. <br />b. Defense of Security. At Trustor's sole expense, Trustor shall protect, <br />preserve and defend the Property and Trustor's interest in and right of possession of the <br />Property, the security of this Deed of Trust and the rights and powers of Beneficiary and <br />Trustee created under it, against all adverse claims. <br />c. Compensation; Reimbursement of Costs. Trustor agrees to pay all <br />reasonable fees, costs and expenses charged by Beneficiary or Trustee for any service <br />that Beneficiary or Trustee may render in connection with this Deed of Trust, including <br />without limitation, fees and expenses related to provision of a statement of obligations <br />or related to a reconveyance. Trustor further agrees to pay or reimburse Beneficiary for <br />all costs, expenses and other advances which may be incurred or made by Beneficiary <br />or Trustee in any efforts to enforce any terms of this Deed of Trust, including without <br />limitation any rights or remedies afforded to Beneficiary or Trustee or both of them <br />under Sections 7.18 and 8.2, whether or not any lawsuit is filed, or in defending any <br />action or proceeding arising under or relating to this Deed of Trust, including reasonable <br />attorneys' fees and other legal costs, costs of any disposition of the Property under the <br />power of sale granted hereunder or any judicial foreclosure, and any cost of evidence of <br />title. <br />d. Notice of Changes. Trustor shall give Beneficiary prior written notice of <br />any change in the address of Trustor and the location of any property, including books <br />and records pertaining to the Property. <br />ii8oz84-6 13 <br />
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