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RECORDING REQUESTED BT. <br /> Q. NORTH AMERICAN TITLE COMPANY <br /> - 4k,. <br /> ti � 2 @12080053 03/07/2012 08:30 P11 <br /> RECORDING REQUESTED BY o f o ° OFFICIAL RECORDS OF ALAMEDA COUNTY <br /> RICNELL <br /> AND MIEN RECORDED S4 \11,'1'0: °-' �� PAT RECOR K D FEE: 0.00 <br /> City of San Leandro <br /> 835 East 14 Street I I I III II I I II II I I II 26 PGS <br /> San Leandro, CA 94577 <br /> Attention: Attention: ion: Ci ty City Manager <br /> EXEMPT FROM RECORDING FEES PER <br /> GOVERNMENT CODE § §6103, 27383 <br /> Space above this line for Recorder's use. <br /> AMENDED AND RESTATED DEED OF TRUST, ASSIGNMENT OF RENTS, <br /> SECURITY AGREEMENT AND FIXTURE FILING <br /> TI -IIS AMENDED AND RESTATED DEED OF TRUST, ASSIGNMENT OF RENTS, <br /> SECURITY AGREEMENT AND FIXTURE FILING ( "Deed of Trust ") is made as of February <br /> I, 2012, by Eden Surf Associates L.P., a California limited partnership ( "Trustor ") to North <br /> American Title Insurance Company as trustee ( "Trustee "), for the benefit of the City of San <br /> Leandro, a municipal corporation ( "Beneficiary "). <br /> RECITALS <br /> A. Trustor owns fee simple title to the property located in the City of San Leandro at <br /> 15320 Tropic Court, known as Alameda County Assessor's parcel number 412- 0006 -007, and <br /> more particularly described in Exhibit A attached hereto and incorporated herein by this <br /> reference (the "Land "). Trustor intends to rehabilitate, own and operate a project consisting of <br /> affordable multi - family residential apartments on the Land (the "Project "). <br /> B. In May 2002, Beneficiary and Citizen's Housing Corporation, a California <br /> nonprofit public benefit corporation ( "Citizen's ") entered into that certain unrecorded Loan <br /> Agreement for the Use of HOME Funds for Acquisition of the Housing Units Located at 15320 <br /> Tropic Court (the "Original City Loan Agreement "), pursuant to which Beneficiary provided a <br /> loan to Citizen's in the original principal amount of Seven Hundred Thousand Dollars <br /> ($700,000) (the "Original City Loan ") to partially finance the acquisition of the Project. <br /> Trustor subsequently assumed all obligations of Citizen's under the Original City Loan <br /> Agreement, including without limitation, Citizen's obligation to repay the Original City Loan. <br /> Concurrently with the execution of this Deed of Trust, Trustor will execute and deliver to City an <br /> Amended and Restated Secured Promissory Note (the "Amended Note ") in the amount Nine <br /> Hundred Two Thousand, Three Hundred Forty -Seven and 95/100 (5902,347.95) (equaling the <br /> principal balance of the Original City Loan together with interest accrued since the origination of <br /> the Original City Loan. The Amended Note amends and restates that certain Secured Promissory <br /> Note dated as of May 6, 2002, executed by Citizen's for the benefit of Beneficiary, evidences <br /> Trustor's obligation to repay the Original City Loan, and js secured by this Deed of Trust. <br /> I WOO � f .e . � : oaf a — x6109.). rt io xicd *6.3 b° <br /> C. Trustor and Beneficiary entered into an Affordable 1- Lousing Loan Agreement <br /> dated as of the date hereof (the "Loan Agreement "). Pursuant to the Loan Agreement, <br /> Beneficiary will provide a loan to Trustor in the amount of One Hundred Thousand Dollars <br /> 1755157.4 1 <br />