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3/30/11 <br />City of Santa Ana, Community Development Agency <br />20 Civic Center Plaza, M37 <br />P.O. Box 1988 <br />Santa Ana, Ca 92702 <br />Attention: Housing Programs Coordinator <br />Any certificate of insurance required by this section must be a in a form, content <br />and with an insurance company that is acceptable to the City in its sole discretion. <br />22. Non-Waiver. Failure to exercise or delay in exercising any right the City <br />may have or be entitled to, in the event of default hereunder, shall not constitute a waiver <br />of such right or any other right in the event of a subsequent default. <br />23. Documents. Borrower has reviewed and agrees to execute the following <br />documents in substantially the form as attached to this Agreement prior to receiving the <br />City Loan, and any other documents or instruments reasonably required by City or a <br />participating entity to complete the transaction contemplated herein: <br />(a) Property Legal Description (Exhibit A); <br />(b) Deed of Trust (Exhibit B) and, <br />(c) City Promissory Note (Exhibit C) and, <br />(d) Affordability Covenants and Restrictions (Exhibit D). <br />Borrower agrees and acknowledges that this Agreement and the City Deed of Trust and <br />the Affordability Covenants and Restrictions shall be recorded against the Property with <br />the County Recorder of the County of Orange and shall appear of record with respect to <br />and as an encumbrance against the Property. <br />24. Further Assurances. Borrower shall execute any further documents <br />consistent with the terms of this Agreement, including documents in recordable form, as <br />the City may from time to time find necessary or appropriate to effectuate its purposes in <br />entering into this Agreement and making the City Loan. <br />25. Records and Reports. Developer shall maintain and from time to time <br />submit to Agency/City such records, reports and information as the Executive Director <br />may reasonably require in order to permit City to meet the record keeping and reporting <br />requirements required of it pursuant to NSP Regulations. <br />26. Governing Law. All of the Loan Documents shall be governed by, and <br />construed and enforced in accordance with, the laws of the State of California and <br />Federal law, whichever is more stringent. <br />27. Severability. In the event that any provision or clause of this Agreement <br />conflicts with applicable law, such conflict will not affect other provisions of this <br />Page 11 of 14 <br />Exhibit 2 <br />25E-15