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20A - AA - LOAN AGMT 601 E 20TH ST
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10/18/2010
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20A - AA - LOAN AGMT 601 E 20TH ST
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1/3/2012 3:58:36 PM
Creation date
10/14/2010 11:26:40 AM
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City Clerk
Doc Type
Agenda Packet
Item #
20A
Date
10/18/2010
Destruction Year
2015
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the agreement for the Sale of the Property; (iii) any loan application submitted by Buyer for a new <br />First Mortgage Loan; and(iv) any other information about Buyer's financial condition reasonably <br />required by the City in order to determine whether Buyer is an Eligible Person or Family, and, if <br />Buyer desires to assume the CDBG Loan, to determine whether Buyer is qualified to do so. In <br />determining whether Buyer is an Eligible Person or Family and/or whether Buyer is qualified to <br />assume the CDBG Loan, the City shall apply the income and other qualification requirements <br />applicable at the time that determination is made. <br />(c) If the City concludes that Buyer is an Eligible Person or Family, the City shall execute <br />and acknowledge a Consent to Resale in a recordable form satisfactory to the City. The Consent to <br />Resale shall be recorded in the Official Records of the Recorder of the County of Orange, State of <br />California, immediately prior to the recordation of the grant deed or other instrument effecting such <br />Sale. <br />(d) If the City consents to the Sale of the Property and the Buyer does not assume the <br />CDBG Loan, the City shall have the right to require the Buyer to execute a non-monetary deed of <br />trust securing Buyer's compliance with the Covenants. <br />(e) In the event of a breach or threatened breach of this Section 7, the City, or their <br />successors or assigns shall be entitled to institute legal action to enforce performance of this <br />Section and to obtain an injunction prohibiting the Sale of the Property and/or requiring retransfer <br />of the Property back to Borrower and/or requiring Borrower to sell the Property to an Eligible <br />Person or Family. <br />(f) Not later than 20 days prior to the closing of escrow on a sale of the Property, Borrower <br />shall permit the City to inspect the Property. Following such inspection, if the City determines that <br />the Property is not in compliance with Section, the City shall deliver to Borrower a list of repairs <br />that are required to be made to the Property to comply with Section. At his, her or their sole cost <br />and expense, Borrower shall complete such repairs, or provide for such repairs to be completed, to <br />the reasonable satisfaction of the City prior to the sale. With the consent of the City, Borrower may <br />provide for such repairs to be paid out of the proceeds of sale payable to Borrower. <br />(g) The CalHome Loan is NOT assumable. <br />8. Maintenance of Property. Borrower shall maintain the interior and exterior of the <br />improvements and the landscaping on the Property in a manner consistent with community <br />standards which will uphold the value of the Property, in accordance with this Agreement and <br />federal, state and local regulations. <br />(a) Exterior Maintenance. All exterior surfaces of any structures located on the Property <br />shall be maintained at all times in a clean and presentable manner. <br />(b) Graffiti Removal. All graffiti, and defacement of any type, including marks, words and <br />pictures, must be removed from the Property and any necessary painting or repair completed within <br />a reasonable time, but in no event more than one week after notice to Borrower from the City. <br />Page 8of15 <br />20A-12
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