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80A - JOINT - LOAN AGMT AMCAL
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80A - JOINT - LOAN AGMT AMCAL
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Last modified
2/2/2017 4:09:44 PM
Creation date
2/2/2017 3:55:17 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
2/7/2017
Destruction Year
2022
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Any amounts disbursed by the Beneficiary pursuant to this paragraph, with interest thereon, <br />will become an indebtedness of Truster secured by this Deed of Trust. Unless Trustor and the <br />Beneficiary agree to other terms of payment, such amount will be payable upon notice from the <br />Beneficiary to Trustor requesting payment thereof, and will bear interest from the date of <br />disbursement at the rate payable from time to time on outstanding principal under the Inclusionary <br />Promissory Note unless payment of interest at such rate would be contrary to applicable law, in <br />which event such amounts will bear interest at the highest rate permissible under applicable law. <br />Nothing contained in this paragraph will require the Beneficiary to insure any expense or take any <br />action hereunder. <br />9. Inspection. The Beneficiary may make, or cause to be made, reasonable entries <br />upon and inspections of the Security upon reasonable prior notice during normal business hours; <br />provided that the Beneficiary will give Truster reasonable notice of inspection. <br />10. Forbearance by the Beneficiary Not a Waiver. Any forbearance by the Beneficiary <br />in exercising any right or remedy will not be a waiver of the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens or charges by the Beneficiary <br />will not be a waiver of the Beneficiary's right to accelerate the maturity of the indebtedness secured <br />by this Deed of Trust. <br />11. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and <br />cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded <br />by law or equity, and may be exercised concurrently, independently or successively. <br />12. Successors and Assigns Bound. The covenants and agreements herein contained <br />shall bind, and the rights hereunder shall inure to, the respective successors and assigns of the <br />Beneficiary and Trustor subject to the provisions of this Deed of Trust. <br />13. Joint and Several Liability. All covenants and agreements of Truster shall be joint <br />and several. <br />14. Notice. Except for any notice required under applicable law to be given in another <br />manner, (a) any notice to Trustor provided for in this City Deed of Trust will be given by certified <br />mail, return receipt requested, addressed to Truster at 2082 Michelson Drive, Suite 306, Irvine, CA <br />92612, (b) any notice to the Beneficiary will be given by certified mail, return receipt requested, to <br />the Beneficiary at 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California 92702, Attention: <br />Housing Division Manager, or at such other address as the Beneficiary may designate by notice to <br />Trustor as provided above, and (c) to Trustee at Notice shall be <br />effective as of the date received as shown on the return receipt. <br />15. Governing Law. This Deed of Trust shall be governed by the laws of the State of <br />California with venue in Orange County, <br />16. Severability. In the event that any provision or clause of this Deed of Trust or the <br />City Loan Note conflicts with applicable law, such conflict will not affect other provisions of this <br />Deed of Trust or the hiclusionary Promissory Note which can be given effect without the <br />conflicting provision, and to this end the provisions of the Deed of Trust and the City Loan Note are <br />declared to be severable. <br />80A -72 <br />
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