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Inst 2012189380
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Inst 2012189380
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5/20/2013 2:28:29 PM
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CM City Clerk-City Council
Document Date (6)
5/31/2012
Recorded Document Type
_Other
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PERM
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• • <br /> North American Title Company <br /> Page 6 <br /> (I) the County Deed of Trust; and <br /> (ii) the County Regulatory Agreement. <br /> G. Subordination Agreements: <br /> The following recordable subordination agreement will be deposited into escrow by the <br /> respective parties (the agreement may be executed in counterparts): <br /> (i) the CaIHFA/City Subordination; <br /> (ii) the CaIHFA/Agency Subordination; <br /> (iii) the CaIHFA/County Subordination; <br /> (iv) the CaIHFA/TCAC Subordination; <br /> (v) the City/Agency/County Subordination. <br /> H. City Non-Recorded Documents: <br /> The following non-recorded documents will be deposited into escrow by the respective <br /> parties. The City Loan Agreement may be executed in counterparts: <br /> 4 <br /> (i) Amended and Restated Secured Promissory Note payable to City in the amount <br /> of$902,347.95, executed by Eden Surf, LP (the "Amended City Note"); <br /> (ii) Secured Promissory Note payable to City in the amount of $100,000, executed <br /> by Eden Surf, LP (the "Additional City Note"); and <br /> (iii) Affordable Housing Loan Agreement, executed by City and Eden Surf, L.P (4 <br /> originals) (the"City Loan Agreement"). <br /> Ill. Conditions of Closing. <br /> • You may close the above-referenced escrow only upon fulfillment of all of the following <br /> conditions: <br /> A. You hold the documents referred to in Section II above, duly executed and <br /> acknowledged where required, and you have ensured that the correct legal description <br /> of the Property has been attached to each recordable document. <br /> B. You are prepared and irrevocably committed to issue to Eden Surf LP a 2006 ALTA <br /> Owner's Title Policy insuring Eden Surf LP's fee title to the Property in the amount of <br />
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