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Inst 2012414706
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Inst 2012414706
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5/23/2019 4:42:29 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
12/12/2012
Recorded Document Type
Performance Deed of Trust
Retention
PERM
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Form 0-.--Iy <br />Exhibit A <br />to Performance Deed of Trust <br />successor section) solely for purposes of reinstatement of any mortgage on the Property that has led to the <br />recordation of the notice of default. As Owner's deemed successor in interest, the City shall be entitled to <br />pay all amounts of principal, interest, taxes, assessments, homeowners' association fees, insurance <br />premiums, advances, costs, attorneys' fees and expenses required to cure the default. If the City exercises <br />the Option, then any and all amounts paid by the City pursuant to this Section shall be treated as <br />Adjustments to the Base Resale 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 <br />of Exercise, the City shall be entitled to inspect the Property one or more times prior to the close of escrow <br />to determine the amount of any Adjustments to the Base Resale Price. Before inspecting the Property, the <br />City shall give Owner not less than forty-eight (48) hours written notice of the date, time and expected <br />duration of the inspection. The inspection shall be conducted between the hours of 9:00 a.m. and 5:00 <br />p.m., Monday through Friday, excluding court holidays, unless the parties mutually agree in writing to <br />another date and 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 <br />otherwise be provided by mutual agreement. Owner agrees to perform all acts and execute all documents <br />reasonably 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 <br />Agreement. All amounts required to be deposited into escrow by the City shall be applied first to the <br />payment of any and all liens and encumbrances recorded against the Property in order of lien priority, and <br />thereafter to the payment of escrow fees and closing costs. Any amounts remaining after the amounts <br />deposited into escrow by the City have been so applied, if any, shall be paid to Owner upon the close of <br />escrow. If the amounts deposited into escrow by the City are insufficient to satisfy all liens and <br />encumbrances recorded against the Property, the Owner shall deposit into escrow such additional sums as <br />may be required to remove said liens and encumbrances. In the event that the City agrees to proceed with <br />close of escrow prior to the date that Owner has caused all exceptions to title recorded after the date of this <br />Agreement to be removed, then Owner shall indemnify, defend and hold City harmless from any and all <br />costs expenses or liabilities (including attorneys' fees) incurred or suffered by City that relate to such <br />exceptions and their removal as exceptions to title to the Property. <br />11. Base Resale Price. Prior to adjustment pursuant to Section 12 the base resale price <br />("Base Resale Price") of the Property shall be the lowest of: <br />783016-2 112310 17 <br />
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