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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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to receiving the Loans, and any other documents or instruments reasonably required by City or a <br />participating entity to complete the transaction contemplated herein: <br />(a) Legal Description (Exhibit "A"); <br />(b) Rehabilitation Plans (Exhibit "B"); <br />(c) Rehabilitation Budget (Exhibit "C"); <br />(d) CDBG Promissory Note (Exhibit "D"); <br />(e) CalHome Promissory Note (Exhibit "E"); <br />(f) CDBG Deed of Trust (Exhibit "F"); <br />(g) CalHome Deed of Trust (Exhibit "G"); <br />(h) Lien List (Exhibit "H") <br />(i) Disclosure Statement (Exhibit "I)); and, <br />0) Debarment Certificate (Appendix B to Part 24) (Exhibit "J") <br />Borrower agrees and acknowledges that the Deeds of Trust and this Agreement shall be recorded <br />against the Property with the County Recorder of the County of Orange and shall appear of record <br />with respect to and as an encumbrance against the Property. <br />19. Further Assurances. Borrower shall execute any further documents consistent with the <br />terms of this Agreement, including documents in recordable form, as City may from time to time <br />find necessary or appropriate to effectuate its purposes in entering into this Agreement and making <br />these Loans. <br />20. Governing Laws. This Agreement shall be governed by the Federal laws as well as the <br />laws of the State of California, with venue in Orange County, California. <br />21. Severability. In the event that any provision or clause of this Agreement conflicts with <br />applicable law, such conflict will not affect other provisions of this Agreement which can be given <br />effect without; the conflicting provision, and to this end the provisions of the Agreement are <br />declared to be severable. <br />22. Amendment of A eement. No modification, rescission, waiver, release or amendment <br />of any provision of this Agreement shall be made except by a written agreement executed by <br />Borrower and the Deputy City Manager. <br />23. Assignment by City Permitted. City may, in its sole and absolute discretion, assign its <br />rights under this Agreement and/or its right to receive repayment of the Loans without obtaining <br />the consent of Borrower. <br />24. Assignment by Borrower Prohibited. In no event shall Borrower assign or transfer any <br />portion of this Agreement or any rights herein without the prior express written consent of City, <br />which consent City may give or withhold in its sole and absolute discretion. This provision shall <br />not affect or diminish City's right to assign all or any portion of its rights under this Agreement or <br />to the proceeds of the Loans hereunder. <br />Page 12 of 15 <br />20A-16
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