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Inst 2011092526
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Inst 2011092526
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Last modified
4/22/2011 4:50:04 PM
Creation date
4/22/2011 4:50:01 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/7/2011
Recorded Document Type
Deed of Trust
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PERM
Document Relationships
RDA Agmt 2011 Las Palmas Development Partners
(Reference)
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\City Clerk\City Council\Agreements\2011
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contracts, (vi) there is no financing statement affecting the Property on file in any public <br /> office other than as disclosed in writing to Beneficiary; and (vii) the correct address of <br /> Trustor's chief executive office is specified in Section 10.2. <br /> 7.2 Condition of Property. Trustor represents and warrants that except as <br /> disclosed to Beneficiary in writing, as of the date hereof: (i) Trustor has not received <br /> any notice from any governmental authority of any threatened or pending zoning, <br /> building, fire, or health code violation or violation of other governmental regulations <br /> concerning the Property that has not previously been corrected, and no condition on the <br /> Land violates any health, safety, fire, environmental, sewage, building, or other federal, <br /> state or local law, ordinance or regulation; (ii) no contracts, licenses, leases or <br /> commitments regarding the maintenance or use of the Property or allowing any third <br /> party rights to use the Property are in force; (iii) there are no threatened or pending <br /> actions, suits, or administrative proceedings against or affecting the Property or any <br /> portion thereof or the interest of Trustor in the Property; (iv) there are no threatened or <br /> pending condemnation, eminent domain, or similar proceedings affecting the Property <br /> or any portion thereof; (v) Trustor has not received any notice from any insurer of <br /> defects of the Property which have not been corrected; (vi) there are no natural or <br /> artificial conditions upon the Land or any part thereof that could result in a material and <br /> adverse change in the condition of the Land; (vii) all information that Trustor has <br /> delivered to Beneficiary, either directly or through Trustor's agents, is accurate and <br /> complete; and (viii) Trustor or Trustor's agents have disclosed to Beneficiary all material <br /> facts concerning the Property. <br /> 7.3 Authority. 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 promptly <br /> pay when due the principal and any interest due on the indebtedness evidenced by the <br /> Note, and shall promptly pay and perform all other obligations of Trustor arising in <br /> connection with the Secured Obligations or the Loan Documents in accordance with the <br /> 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 /> purposes authorized by the Loan Documents. Trustor covenants that it shall keep the <br /> Land and Improvements in good repair and condition, and from time to time shall make <br /> necessary repairs, renewals and replacements thereto so that the Property shall be <br /> preserved and maintained. Trustor covenants to comply with all federal, state and local <br /> laws, regulations, ordinances and rules applicable to the Property and the Project, <br /> including without limitation all applicable requirements of state and local building codes <br /> 1582131.3 6 <br />
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