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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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and regulations, and all applicable statutes and regulations relating to accessibility for <br /> the disabled. Trustor shall not remove, demolish or materially alter any Improvement <br /> without Beneficiary's consent, shall complete or restore promptly and in good and <br /> workmanlike manner any building, fixture or other improvement which may be <br /> constructed, damaged, or destroyed thereon, and shall pay when due all claims for <br /> labor performed and materials furnished therefor. Trustor shall use the Land and the <br /> Improvements solely for purposes authorized by the Loan Documents, shall not commit <br /> or allow waste of the Property, and shall not commit or allow any act upon or use of the <br /> Property which would violate any applicable law or order of any governmental authority, <br /> nor shall Trustor bring on or keep any article on the Property or cause or allow any <br /> condition to exist thereon which could invalidate or which would be prohibited by any <br /> insurance coverage required to be maintained on the Property pursuant to the Loan <br /> Documents. <br /> 7.6 Restrictions on Conveyance and Encumbrance; Acceleration. It shall be <br /> an Event of Default hereunder if the Property, any part thereof, or interest therein is <br /> sold, assigned, conveyed, transferred, hypothecated, leased, licensed, or encumbered <br /> in violation of the Loan Documents or if any other Transfer (as defined in the Loan <br /> Agreement) occurs in violation of the Loan Documents. If any such Transfer shall occur <br /> in violation of such requirements, without limiting the provisions of Section 8 hereof, all <br /> obligations secured by this Deed of Trust, irrespective of the maturity dates of such <br /> obligations, shall at the option of Beneficiary, and without demand, immediately become <br /> due and payable, subject to any applicable cure period. <br /> 7.7 Inspections; Books and Records. Beneficiary and its agents and <br /> representatives shall have the right at any reasonable time upon reasonable notice to <br /> enter upon the Land and inspect the Property to ensure compliance with the Loan <br /> Documents. Trustor shall maintain complete and accurate books of account and other <br /> records (including copies of supporting bills and invoices) adequate to document the <br /> use of the Loan Proceeds and the operation of the Property, together with copies of all <br /> written contracts, Leases and other instruments which affect the Property. The books, <br /> records, contracts, Leases and other instruments shall be subject to examination and <br /> inspection by Beneficiary at any reasonable time following two business days prior <br /> notice. <br /> 7.8 Charges, Liens, Taxes and Assessments. Trustor shall pay before <br /> delinquency all taxes, levies, assessments and other charges affecting the Property that <br /> are (or if not paid may become) a lien on all or part of the Property. Trustor may, at <br /> Trustor's expense, contest the validity or application of any tax, levy, assessment or <br /> charge affecting the Property by appropriate legal proceedings promptly initiated and <br /> conducted in good faith and with due diligence, provided that (i) Beneficiary is <br /> reasonably satisfied that neither the Property nor any part thereof or interest therein will <br /> be in danger of being sold, forfeited, or lost as a result of such contest, and (ii) Trustor <br /> shall have posted a bond or furnished other security as may reasonably be required <br /> from time to time by Beneficiary; and provided further that Trustor shall timely make any <br /> payment necessary to prevent a lien foreclosure, sale, forfeiture or loss of the Property. <br /> • <br /> 1582131.3 7 <br />
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