ANR INDUSTRIES, INC. (2)-2009 - Laserfiche WebLink

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and defacement of any type, must be removed and any necessary repairs made within five (5) days of their creation and/or notice to the Owner. 2. Monitoring bv the City. On or about July 1 of each calendar year, the City will mail a form to the record owner of the Property to confirm that the Property is owner-occupied. The owners of the Property shall complete the form and return it to the City within thirty (30) calendar days after receipt of the request from the City. 3. Owner Occupancy. The Trustor agrees and covenants to use the Property as its primary residence in full compliance with this Agreement for Forty-Five (45) years. City and Owner acknowledge that this owner-occupancy covenant is a condition to and consideration for Owners eligibility for the Neighborhood Stabilization Program Homeownership Program. In administering this Program, the City is implementing the objective of increasing the ratio of decent, safe and sanitary owner-occupied single-family residences to rental property throughout the City of Santa Ana. In furtherance of this public use and purpose, Owners for itself and its successors and assigns, agree not to rent, lease, license or otherwise permit a non-owner of the Property to take possession and control thereof. Owner and its successors in interest agree and consent that this owner-occupancy restriction may be enforced by the City through specific performance. ARTICLE III. TAXES AND INSURANCE; ADVANCES 1. Taxes. Other Governmental Charges and Utility Charges. Trustor shall pay, or cause to be paid, prior to delinquency, all taxes, assessments, charges and levies imposed by any public authority or utility company which are or may become a lien affecting the Security or any part thereof; provided, however, that Trustor shall not be required to pay and discharge any such tax, assessment, charge or levy so long as (a) the legality thereof shall be promptly and actively contested in good faith and by appropriate proceedings, and (b) Trustor maintains reserves adequate to pay any liabilities contested pursuant to the terms hereof, and in accordance with generally accepted accounting principles. With respect to special assessments or other similar governmental charges, Trustor shall pay such amount in whole or in installments over a period of years. 2. Insurance. Trustor agrees to provide insurance covering one hundred percent (100%) of the replacement cost of all insurable items within the Property in the event of fire, lightning, debris removal, windstorm, flood, vandalism, malicious mischief, theft, mysterious disappearance and hazards, casualties and contingencies as are normally and usually covered by all-risk policies in effect in the locality where the Property are situated. All such insurance policies and coverages (i) shall be maintained at Trustor's sole cost and expense so long as any part of the amounts secured by this Deed of Trust have not been paid, and (ii) shall be with insurers ofrecognized responsibility and in form and substance satisfactory to the Beneficiary, (iii) shall name Beneficiary as additional insured, and (iv) shall contain a provision to the effect that the insurer shall not cancel the policy or modify it materially and adversely to the interests of Beneficiary without first giving at least thirty (30) days' prior written notice thereof. Certificates of insurance for all of the above insurance policies showing the same to be in full force and effect shall be delivered to the Beneficiary upon demand therefor at any time prior to the Expiration Date. Should the Property be determined to be in a Flood Zone, Trustor is required to purchase Flood Insurance for the Property. City.HO.DOT Page 6 of 15 2/8/10