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25B - AGMT - 815 N HARBOR LOAN
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02/17/2015
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25B - AGMT - 815 N HARBOR LOAN
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Last modified
2/12/2015 4:45:31 PM
Creation date
2/12/2015 4:13:11 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25B
Date
2/17/2015
Destruction Year
2020
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(i) the Loan Agreement; <br />(ii) Tile CityJHOME Loan Note; <br />(iii) The City /ROME Deed of Trust, <br />(iv) The Affordability Restrictions on Transfer of Property, and <br />(b) Title Insurance, City shall have received an LP-1 0 ALTA Lender's <br />1,f7an policy of title insurance (1971) editirin), or evidence" of a commitment therefore <br />satisfactory to City, issued by First American Title Insua °once Company and in fion a and <br />substance satisfactory to City, together with all endorsements and hinders required, <br />naanii g City as the insured, in a policy amount of not less than the City/HOME Loan <br />Amount, showing Developer as the fee owner of the Piopeity and insuring the <br />City/HOME Laced of Trust to be valid priority liens on the Property. The City/HOME <br />Loran Note and Deed of Trust shrill be subordinate to the Senior Loan Note and First <br />Deed. <br />(c) Aff arda6rltyRestreionsanTransferofl?zotreriy. Developer <br />shall have delivered to the City, in the Harm attached hereto as Exhibit G, the <br />Affordability Restrictions on Transfer of Title pursuant to which, among other (hings, <br />Developer agrees that the Property shall be used only for decent, sale, sanitary and <br />affordable rental housing pursuant to the affordability requirements of Code of Federal <br />Regulations C" C FR ") section 92.252 or 92,254 and California Health and Safety Code <br />('TI&S ") sections 50052.5, as applicable. <br />(4) Documents Recorded. This Loan Agreement, the CitylHOME Load <br />Deed of Toast and the Affordability ldestrictions as Transfer orPrciperty shall have been <br />recorded in the Official Records ofthe County. <br />(c) Request for Notice. For its own benefit, City shall have recorded <br />a request for notice of def"irult of the Senior Loan (the "Request for Notice of Default "). <br />(f) insurance. City shall have received evidence satisfactory to the City <br />Attorney that all of the policies of insurance required by Section 17 of this Agreement are <br />in fult force and effect. <br />(g) Representations and Warranties. The representations and <br />warranties of Developer contained in this Agreement and the other Loan Documents shall <br />be correct at the time of execution of all documents, and if requested by the Executive <br />Director, City shall have received a certificate to that ell'ect signed by Developer's <br />Representative. <br />(h) No Default. No Event of Default by Developer shall have occurred, <br />anti on event shall have occurred which, with the giving of notice or the passage of time <br />or both, would constitute an Event of Default by Developer under this Agreement, and if <br />25B -14 <br />
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