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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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Last modified
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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(c) Landscaping. All landscaping surrounding the Property shall be maintained in a manner <br />consistent with standards of the Santa Ana Municipal Code and any rules, regulations and standards <br />adopted pursuant thereto. In addition, for example, the yard areas shall not contain the following: <br />(i) lawns with grasses in excess of 9 inches in height; (ii) trees, shrubbery, lawns or other plant life <br />which are dying from a lack of water or other necessary maintenance; (iii) trees and shrubbery <br />grown uncontrolled without proper pruning; (iv) vegetation so overgrown as to be likely to harbor <br />rats or vermin; (v) dead, decayed or diseased trees, weeds and other vegetation; and (vi) inoperative <br />irrigation systems. <br />(d) Maintenance by Borrower. Borrower shall, at his, her or their sole cost and expense, <br />maintain and repair the Property and the improvements thereon, keeping the same in good <br />condition and making all repairs as may be required by this Agreement and applicable State and <br />City rules and regulations. <br />(e) Damage and Destruction Affecting Property Duty to Rebuild. If all, or any portion of <br />the Property and the improvements thereon is damaged or destroyed by fire or other casualty, it <br />shall be the duty of Borrower to rebuild, repair or reconstruct the Property in a timely manner to <br />restore it to comply with any applicable City rules or regulations. <br />(f) Variance in Exterior Appearance and Design. If the Property is damaged or destroyed by <br />casualty, Borrower may not, without the prior written consent of the City, reconstruct, rebuild or <br />repair the Property in a manner which will provide the same or different exterior appearance and lot <br />design from that which existed prior to the date of the casualty. <br />(g) Time Limitation. In the event of damage or destruction due to casualty, Borrower shall <br />be obligated to proceed with all due diligence to commence reconstruction within two months after <br />the damage occurs and to complete reconstruction within a reasonable time after damage occurs, <br />unless prevented by causes beyond the reasonable control of Borrower. <br />9. Defaults. Failure or delay by either party to perform any term or provision of this <br />Agreement, the Promissory Note(s), the Deed(s) of Trust or the Covenants which are to be <br />performed by such party constitutes a default under this Agreement. Any default by Borrower on <br />any lien listed on Exhibit "H" to this Agreement is a default under this Agreement. The other party <br />(the "Complaining Party") shall give written notice of default to the party in default, specifying in <br />reasonable detail the matter constituting the default. The party in default shall have 30 days <br />following receipt of notice to cure the default. Except as required to protect against further <br />damages, the Complaining Party shall not institute proceedings against the party in default unless <br />the matter is not cured within such 30 day period, or, if the default is of a nature requiring more <br />than 30 days to cure, the party in default commences to cure the matter within such 30 day period <br />and diligently pursues such cure to completion within a reasonable time, but in no event more than <br />90 days after notice of default. Failure or delay in giving such notice shall not constitute a waiver <br />of any default, nor shall it change the time of default. Failure to cure the default within the <br />applicable cure period shall entitle the Complaining Party to terminate this Agreement and/or <br />exercise any remedies available to such party, including, without limitation, foreclosure on the <br />Deed(s) of Trust. <br />Page 9 of 15 <br />20A-13
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