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Item 16 - Affordable Housing Project at 801, 807, 809 and 809 ½ E. Santa Ana Blvd
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Item 16 - Affordable Housing Project at 801, 807, 809 and 809 ½ E. Santa Ana Blvd
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City Clerk
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Agency
Clerk of the Council
Item #
16
Date
12/7/2021
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occurred or is continuing, to collect and retain these rents, issues and profits as they become due and <br />payable; and, <br /> <br /> TOGETHER with all articles of personal property or fixtures now or hereafter attached to or <br />used in and about the building or buildings now erected, or hereafter to be erected, on the Property <br />which are necessary to the complete and comfortable use and occupancy of such building or <br />buildings for the purposes for which they were or are to be erected, including all other goods and <br />chattels and personal property as are ever used or furnished in operating a building, or the activities <br />conducted therein, similar to the one herein described and referred to, and all renewals or <br />replacements thereof or articles in substitution therefor, whether or not the same are, or shall be <br />attached to said building or buildings in any manner; and all of the foregoing, together with the <br />Property, is herein referred to as the "Security"; <br /> <br /> To have and to hold the Security together with acquittances to the Trustee, its successors and <br />assigns forever; and, <br /> <br /> TO SECURE to the Beneficiary: (a) the repayment of the sums evidenced by a Promissory <br />Note to the Beneficiary executed by Trustor of even date herewith in the principal amount of One <br />Million Six Hundred Fifty-Six Thousand Nine Hundred Forty-Seven and No/100 Dollars <br />($1,656,947.00) (the “Agency Promissory Note”); (b) the performance of the covenants and <br />agreements of Borrower contained in a certain Agreement as hereinafter defined; and, (c) the <br />payment of all other sums, with interest thereon, advanced in accordance herewith to protect the <br />security of this Deed of Trust; and the performance of the covenants and agreements of Trustor <br />contained herein. <br /> <br />TRUSTOR AND THE BENEFICIARY COVENANT AND AGREE AS FOLLOWS: <br /> <br />1. The Agreement. This Deed of Trust is executed and delivered, along with the <br />Agency Promissory Note, the Agency Loan Agreement, and Affordability Restrictions on Transfer <br />of Property to benefit the Property. A copy of said Agency Loan Agreement is on file as a public <br />record with the Beneficiary and is incorporated herein by reference (the “Agreement”). Trustor <br />acknowledges that but for the execution of this Deed of Trust, the Beneficiary would not enter into <br />the Agreement or Agency Promissory Note secured by this Deed of Trust. <br /> <br />2. Trustor's Estate. Trustor is lawfully seized of the estate hereby conveyed and has the <br />right to grant and convey the Security; that other than this Deed of Trust, the Security is not <br />encumbered except for obligations secured by deeds of trust, or any other security agreement, to <br />secure financing or refinancing for the purchase and rehabilitation of the Property. <br /> <br />3. Repayment of the Loan. Trustor will promptly repay, when due, the principal loan <br />amount, as required by the Agency Promissory Note secured by this Deed of Trust. <br /> <br />4. Subordination. This obligation secured by this Deed of Trust shall be subordinated <br />to the Senior Loan and the Senior Loan Documents, but the Agency’s Affordability Restrictions on <br />Transfer of Property shall remain in a senior position to the Senior Loan and the Senior Loan <br />Documents. <br /> <br />EXHIBIT 4
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