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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 3 <br /> (ii) the Agency Deed of Trust will be subordinated to the CaIHFA Deed of Trust, the <br /> CaIHFA Regulatory Agreement and the CaIHFA RHCP Deed of Trust pursuant to a <br /> subordination agreement (the "CaIHFA/Agency Subordination"). <br /> After the close of escrow,the Agency Deed of Trust will be the third deed of trust on the <br /> Property. <br /> E. The City made a loan to Citizens Housing Corporation ("CHC") in the original principal <br /> amount of $700,000 (the "City Loan") which is secured by a deed of trust recorded <br /> June 13, 2002, as Instrument No. 2002-261092 (the "City Deed of Trust") and a <br /> regulatory agreement recorded June 13, 2002, as Instrument No. 2002-261091 (the <br /> "City Regulatory Agreement"). Pursuant to an assignment and assumption agreement <br /> recorded July 31, 2003, as Instrument No. 2003-446758, CHC assigned its rights, title <br /> and interest in and obligations under the City Loan to Citizens Surf LP. Through this <br /> escrow: <br /> (i) Citizens Surf LP is assigning its rights, title and interest in the City Loan, plus the <br /> interest accrued in the amount of $202,347.95 to Eden Surf LP pursuant to an <br /> assignment and assumption agreement (the "City Loan Assignment"); <br /> (ii) the City is loaning an additional amount of $100,000 (the "City Additional <br /> Loan") to Eden Surf LP; <br /> (iii) the City Deed of Trust will be replaced with an amended and restated deed of <br /> trust securing the City Loan and the Additional City Loan executed by Eden Surf <br /> LP (the "City A&R Deed of Trust") and the City Deed of Trust will be reconveyed <br /> pursuant to a deed of reconveyance (the "City Reconveyance"); <br /> (iv) the City Regulatory Agreement will be replaced with an amended and restated <br /> regulatory agreement (the "City A&R Regulatory Agreement") and the City <br /> Regulatory Agreement will be terminated by termination language embedded in <br /> the City A&R Regulatory Agreement;AND <br /> (v) the City A&R Deed of Trust and the City A&R Regulatory Agreement will be <br /> subordinated to the CaIHFA Deed of Trust, the CaIHFA Regulatory Agreement <br /> and the CaIHFA RHCP Deed of Trust pursuant to a subordination agreement (the <br /> "CaIHFA/City Subordination"). <br />
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