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80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL
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80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL
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7/26/2016 5:25:48 PM
Creation date
6/4/2010 6:06:42 PM
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City Clerk
Doc Type
Agenda Packet
Item #
80A
Date
6/7/2010
Destruction Year
2015
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RIDER TO DEED of TRUST <br />This RIDER TO DEED of TRUST is remade and delivered pursuant to and in <br />implementation entation of the Horrrebuyer Loan Agreement entered by and between the Trustor and the <br />Beneficiary dated ("Agreement"), of which is n file as a <br />p ublic record with the Beneficiary at 20 Civic Center Plaza, Santa Ana, California 92701 and is <br />incorporated herein by reference. Unless definitions of terms have been expressly set out at <br />length herein, each term. shall have the sage definition as set forth in the Agreement. Trustor <br />and Beneficiary further covenant and agree as follows: <br />L Acceleration of Payment. The whole of the Note Amount and all other <br />payments die hereunder and under the Agreement shall become due and be immediately payable <br />to the Beneficiary by the Trustor upon the occurrence of any one of the following everts of <br />acceleration; <br />(a) the sale or transfer of the Property or any part thereof) by any means, <br />including, without limitation, the lease, exchange or other disposition of the Property or any <br />interest therein, Tether voluntary or involuntary, except A a sale of the Property to qualified <br />Moderate Income Household at an Affordable Housing Cost with the Beneficiary's prior written <br />approval accomplished in strict conformity with Section 4 of the Agreement, or the transfer <br />of the Property solely as a result of the Marriage, divorce, incompetence or death of one or more <br />individuals constituting the Trustor, so long as the transferee(s) give written notice supported by <br />reasonable evidence of such event to the Beneficiary within Hay days of its occurrence and <br />the transferee(s) assume(s) the TrUstor's obligations under the Agreement, by execution of an <br />assignment and assumption agreement to be provided by the Beneficiary, or C a sale or transfer <br />which tinder federal law would not, by itself, permit the Beneficiary to exercise a due on sale or <br />due on encumbrance clause; <br />(b) the Trustor refinances any purchase mone lien or encumbrance to lie <br />the Agency Deed of Trust is subordinate (each such lien, a "First Lien" for a loan amount in <br />excess of the then current loan balance secured by such lien or encumbrance and loan closing <br />costs; and/or <br />(c) the Trustor and all co- signors and co- mortgagors, if any) falls to own are <br />occupy the Property as their principal residence pursuant to Section 7 of the Agreement or is ill <br />Ownership Default as defined in Section 18 of the Agreement. <br />At the request of the Trustor, and for a specific occasion, the Beneficiary may, in <br />its sole and absolute discretion, in writing riting ar e the requirements of these subparagraphs. Any <br />N ai er or deferment shall be on a case by ease basis, and no future rights for waiver r or deferment <br />shall arise or be implied. Notwithstanding the foregoing, the Trustor may, upon prior written <br />approval by the Beneficiary, refinance any First Lien for a loam amount equal to or less than the <br />then current loan balance secured by such First Lien. <br />2. Contingent Equity Participation Ainotint. In the event the Note Amount <br />becomes due and payable pursuant to Section 1, Trustor shall pay to the Beneficiary the hole of <br />EXHIBIT C-2 To ATTACHMENT NO. It <br />To Deed of Trust with Assignment ofRents <br />Rider to Deed of Trust <br />DOCSO Cl 14006 3v13/200272-0001 <br />
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