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Inst 2001428359
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Inst 2001428359
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CM City Clerk-City Council
Document Date (6)
8/6/2001
Recorded Document Type
Resale Agreement
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PERM
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ii. The sale price does not exceed the Purchase Price as set forth in Paragraph 7. <br />iii. The Transferee(s) shall execute an agreement assuming all of the obligations and <br />restrictions of this Agreement. <br />iv. Owner shall notify Agency in writing of his/her/their intention to place the property for <br />sale. Agency will, within 10 days of the receipt of notification, advise owners and any agent engaged by <br />the Owner for the sale of the Residence, of the Purchase Price as set forth in Paragraph 7. <br />B. Encumbrancing or hypothecation <br />I. Owner may not further encumber, refinance, or otherwise hypothecate the property TO <br />EXCEED 100% of the Purchase Price as set forth in Paragraph 7. <br />ii. Prior to the completion of further encumbrancing, refinancing, or other hypothecation of <br />the Residence, Owner(s) will notify Agency in writing of the name and address of the lender, and the <br />proposed terms of the further encumbrancing, refinancing, or hypothecation. Agency will, within 10 days of <br />such notification, advise lender of the Purchase Price as set forth in Paragraph 7. <br />5. Procedure on Sale <br />Whenever Owner, (Owner also refers to an Owner's successors in interest as set forth in <br />Paragraph 3) of said Premises no longer desires to own said Premises, Owner shall notify Agency in <br />writing to that effect. Agency, its designee or assignee, upon receipt of said notice, shall then have the <br />right to exercise its right to purchase said Premises by delivery of written notice, to the Owner thereof at <br />any time within thirty (30) days from the receipt by Agency of such written notice from Owner of intent to <br />sell or dispose of the Premises. <br />The notices provided for herein shall be delivered to the party in person, or by the deposit of <br />postage prepaid certified mail, return receipt requested, to the party at the address in Paragraph 18 below. <br />If the Agency, its designee or assignee exercises its right to purchase said Premises, close of <br />escrow of said purchase shall be within sixty (60) days of the opening of such escrow by either party. Said <br />escrow shall be opened upon delivery to Owner of written notice of the exercise of the option or as soon <br />thereafter as possible. In the event Agency decides to assign the right to purchase provided herein, <br />Agency may postpone opening of escrow until selection of such assignee or as soon thereafter as <br />possible, provided that the opening of escrow shall occur no later than thirty (30) days after the Owner is <br />notified of the Agency's exercise of its right to purchase. In the event Agency postpones opening of <br />escrow and is unable to select such an assignee, Agency retains the right to open escrow and complete <br />the purchase provided that such escrow is opened within thirty (30) days and the sale transaction is <br />completed within ninety (90) days from the Owner's notice of intent to sell. <br />
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