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10A Action 2014 0616
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10A Action 2014 0616
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2/8/2018 10:11:00 AM
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6/11/2014 10:55:43 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/16/2014
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_CC Agenda 2014 0616 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0616
Inst 2016145589
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Path:
\City Clerk\City Council\Recorded Documents\2016
Reso 2014-065
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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5 <br />being recorded as a fixture financing statement and filing under the UCC, and covers property, <br />goods and equipment which are or are to become fixtures related to the Land and the <br />Improvements. Trustor covenants and agrees that this Deed of Trust is to be filed in the real <br />estate records of AlamedaCounty and shall also operate from the date of such filing as a fixture <br />filing in accordance with Section 9502 and other applicable provisions of the UCC. This Deed <br />of Trust shall also be effective as a financing statement covering minerals or the like (including <br />oil and gas) and accounts subject to the UCC, as amended. Trustor shall be deemed to be the <br />"debtor" and Beneficiary shall be deemed to be the "secured party" for all purposes under the <br />UCC. <br />7.Trustor’s Representations, Warranties and Covenants; Rights and Duties of the Parties. <br />7.1 Representations and Warranties. Trustor represents and warrants that: (i) Trustor <br />lawfully possesses and holds a fee simpleinterest in the Land and the Improvements, (ii) Trustor <br />has good and marketable title toall of the Property; (iii) other than as limited by the Loan <br />Documents, Trustor has the full and unlimited power, right and authority to encumber the <br />Property and assign the Rents; (iv) subject only to encumbrances of record and senior liens <br />permitted pursuant to the LoanDocuments or otherwise approved in writing by Beneficiary <br />(“Permitted Encumbrances”), this Deed of Trust creates a valid lien on Trustor’s entire interest <br />in the Property; (v) except with respect to Permitted Encumbrances, Trustor owns the Property <br />free and clear of alldeeds of trust, mortgages, security agreements, reservations of title or <br />conditional sales contracts, (vi) there is no financing statement affecting the Property on file in <br />any public office other than as disclosed in writing to Beneficiary; and (vii) the correct address of <br />Trustor’s office is specified in Section 10.2. <br />7.2 Condition of Property. Trustor represents and warrants that except as disclosed to <br />Beneficiary in writing, as of the date hereof: (i) Trustor has not received any notice from any <br />governmental authority of any threatened or pending zoning, building, fire, or health code <br />violation or violation of other governmental regulations concerning the Property that has not <br />previously been corrected, and no condition on the Land violates any health, safety, fire, <br />environmental, sewage, building, or other federal, state or local law, ordinance or regulation; (ii) <br />no contracts, licenses, leases or commitments regarding the maintenance or use of the Property <br />or allowing any third party rights to use the Property are in force; (iii) there are no threatened or <br />pending 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 pending <br />condemnation, eminent domain, or similar proceedings affecting theProperty or any portion <br />thereof; (v) Trustor has not received any notice from any insurer of defects of the Property which <br />have not been corrected; (vi) there are no natural or artificial conditions upon the Land or any <br />part thereof that could result in a material and adverse change in the condition of the Land; (vii) <br />all information that Trustor has delivered to Beneficiary, either directly or through Trustor's <br />agents, is accurate and complete; and (viii) Trustor or Trustor’s agents have disclosed to <br />Beneficiary all material facts concerning the Property. <br />7.3 Authority. Trustor represents and warrants that this Deed of Trust and all other <br />documents delivered or to be delivered by Trustor in connection herewith: (a) have been duly <br />authorized, executed, and delivered by Trustor; (b) are binding obligations of Trustor; and (c) do <br />not violate the provisions of any agreement to which Trustor is a party or which affects the
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