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Inst 2016236418
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Inst 2016236418
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6/5/2019 7:33:33 AM
Creation date
1/19/2017 5:05:08 PM
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CM City Clerk-City Council
Document Date (6)
9/16/2016
Recorded Document Type
Performance Deed of Trust
Retention
PERM
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7. Right to Reinstatement. If the Option Event is the recordation of a notice of default, then the City <br />shall be deemed to be Owner's successor in interest under California Civil Code Section 2924c (or successor <br />section) solely for purposes of reinstatement of any mortgage on the Property that has led to the recordation <br />of the notice of default. As Owner's deemed successor in interest, the, City shall be entitled to pay all amounts <br />of principal, interest, taxes, assessments, homeowners' association fees, insurance premiums, advances, <br />costs, attorneys' fees and expenses required to cure the default. If the City exercises the Option, then any <br />and all amounts paid by the City pursuant to this Section shall be treated as Adjustments to the Base Resale <br />Price for the Property, as defined in Section 12, below. <br />8. Inspection of Property. After receiving a Notice of Intent to transfer or delivering a Notice of <br />Exercise, the City shall be entitled to inspect the Property one or more times prior to the close of escrow to <br />determine the amount of any Adjustments to the Base Resale Price. Before inspecting the Property, the City <br />shall give Owner not less than forty-eight (48) hours written notice of the date, time and expected duration of <br />the inspection. The inspection shall be conducted between the hours of 9:00 a.m. and 5:00 p.m., Monday <br />through Friday, excluding court holidays, unless the parties mutually agree in writing to another date and <br />time. Owner shall make the Property available for inspection on the date <br />and at the time specified in the City's request for inspection. <br />9. Escrow. Promptly after delivering a Notice of Exercise, the City shall open an escrow <br />account for its purchase of the Property. Close of escrow shall take place on such date which is the later to <br />occur of the following, (a) sixty (60) days after a Notice of Exercise has been delivered, or (b) ten (10) days <br />after Owner has performed all acts and executed all documents required for close of escrow. Prior to the <br />close of escrow, the City shall deposit the Adjusted Resale Price as defined in Section 12 below and all <br />escrow fees and closing costs to be paid by City. Closing costs and title insurance shall be paid pursuant to <br />the custom and practice in the County of Alameda at the time of the opening of escrow, or as may otherwise <br />be provided by mutual agreement. Owner agrees to perform all acts and execute all documents reasonably <br />necessary to effectuate the close of escrow and transfer of the Property to the City. <br />10. Proceeds of Escrow; Removal of Exceptions to Title. Prior to close of escrow, Owner shall <br />cause the removal of all exceptions to title to the Property that were recorded after the date of this Agreement. <br />All amounts required to be deposited into escrow by the City shall be applied first to the payment of any and <br />all liens and encumbrances recorded against the Property in order of lien priority, and thereafter to the <br />payment of escrow fees and closing costs. Any amounts remaining after the amounts deposited into escrow <br />by the City have been so applied, if any, shall be paid to Owner upon the close of escrow. If the amounts <br />deposited into escrow by the City are insufficient to satisfy all liens and encumbrances recorded against the <br />Property, the Owner shall deposit into escrow such additional sums as may be required to remove said liens <br />and encumbrances. In the event that the City agrees to proceed with close of escrow prior to the date that <br />Owner has caused all exceptions to title recorded after the date of this Agreement to be removed, then Owner <br />shall indemnify, defend and hold City harmless from any and all costs expenses or liabilities (including <br />attorneys' fees) incurred or suffered by City that relate to such exceptions and their removal as exceptions to <br />title to the Property. <br />11. Base Resale Price. Prior to adjustment pursuant to Section 12 the base resale price ("Base <br />Resale Price") of the Property shall be the lowest of: <br />Appraisal Method. <br />
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