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Inst 2017141889
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Inst 2017141889
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7/24/2017 2:05:24 PM
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7/24/2017 2:05:14 PM
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CM City Clerk-City Council
Document Date (6)
7/24/2017
Recorded Document Type
Deed of Trust
Lease
Retention
PERM
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10.11 Partial Subordination to Extended Use Agreement. This section shall apply if <br />Trustor or Truster's successor in interest and the California Tax Credit Allocation Committee <br />enter into a Regulatory Agreement ("TCAC Regulatory Agreement"), that constitutes the <br />extended low-income housing commitment described in Section 42(h)(6)(B) of the Internal <br />Revenue Code, as amended (the "Code"). In the event of a foreclosure of Beneficiary's <br />interest under this Leasehold Deed of Trust or delivery by the Trustor of a deed in lieu <br />thereof (collectively, a "Foreclosure"), the following rule shall apply: <br />In the event of a Foreclosure, throughout the extended use period specified <br />in the TCAC Regulatory Agreement, with respect to any unit that had been <br />regulated by the TCAC Regulatory Agreement, (i) none of the eligible <br />tenants occupying those units at the time of Foreclosure may be evicted or <br />their tenancy terminated (other than for good cause, including but not <br />limited to, the tenants' ineligibility pursuant to regulations of the HOME <br />Program or Section 42 of the Code), (ii) nor may any rent be increased <br />except as otherwise permitted under Section 42 of the Code. <br />10.12 Rights of Limited Partners. Provided that Beneficiary has been given the <br />address for such notices, whenever Beneficiary delivers any notice of default hereunder, <br />Beneficiary shall concurrently deliver a copy of such notice to Truster's limited partner(s). <br />The limited partner(s) shall have the same right as Trustor to cure or remedy any default <br />hereunder within the cure period provided to Trustor, extended by an additional sixty (60) <br />days. <br />10.13 Landowner's Cure Rights. Provided that Beneficiary has been given the <br />address for such notices, whenever Beneficiary delivers any notice of default hereunder, <br />Beneficiary shall concurrently deliver a copy of such notice to the fee owner of the Land in <br />accordance. The fee owner of the Land shall have the same right as Trustor to cure or remedy <br />any default hereunder within the cure period provided to Trustor. <br />SIGNATURES ON FOLLOWING PAGE <br />144\259\1892893.2 18 <br />
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