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Item 13 - Affordable Housing Project at 1411 N Broadway
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03/07/2023 Special and Regular
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Item 13 - Affordable Housing Project at 1411 N Broadway
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Agenda Packet
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Clerk of the Council
Item #
13
Date
3/7/2023
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<br />EXHIBIT 3 <br />(c) Trustor shall deliver to Beneficiary within thirty (30) days after the date upon <br />which any such Imposition is due and payable by Trustor official receipts of the appropriate <br />taxing authority, or other proof reasonably satisfactory to Beneficiary, evidencing the payment <br />thereof. Trustor shall not suffer, permit or initiate the joint assessment of any real and personal <br />property which may constitute all or a portion of the Security and the personal property or suffer, <br />permit or initiate any other procedure whereby the lien of real property taxes and the lien of <br />personal property taxes shall be assessed, levied or charged to the Security as a single Lien. <br />Trustor shall cause to be furnished to Beneficiary a tax reporting service, covering the Property, <br />of a type and duration, and with a company, reasonably satisfactory to Beneficiary. <br />(d) In the event that Trustor shall fail to pay any of the foregoing items required by <br />this Section to be paid by Trustor, Beneficiary may (but shall be under no obligation to) pay the <br />same, after the Beneficiary has notified the Trustor of such failure to pay and the Trustor fails to <br />fully pay such items within fifteen (15) business days after receipt of such notice. Any amount <br />so advanced therefor by Beneficiary, together with interest thereon from the date of such <br />advance at the lesser of twelve percent (12%) per annum or the maximum rate permitted by law <br />(hereinafter the “Agreed Rate”), shall become an additional Obligation of Trustor to the <br />Beneficiary and shall be secured hereby, and Trustor agrees to pay all such amounts. <br />3.2.Insurance. <br />(a) Trustor agrees to provide insurance conforming in all respects to that required <br />under the Loan Agreement at all times until all amounts secured by this Deed of Trust have been <br />paid and all other Obligations secured hereunder fulfilled, and this Deed of Trust reconveyed. <br />All such insurance policies and coverages shall be maintained at Trustor’s sole cost and expense. <br />(b) All said insurance shall have attached thereto a lender’s loss payable endorsement <br />for the benefit of Beneficiary in form reasonably satisfactory to the Beneficiary and/or shall <br />name Beneficiary as an additional insured, as Beneficiary may require, and shall contain an <br />endorsement or agreement by the insurer that any loss shall be payable in accordance with the <br />terms of such policies notwithstanding any act or negligence of Trustor or any party holding <br />under Trustor which might otherwise result in forfeiture of said insurance and the further <br />agreement of the insurer waiving all rights of setoff, counterclaim and deduction against Trustor. <br />At Beneficiary’s option, Trustor shall furnish Beneficiary with an original of all required policies <br />of insurance and/or a certificate of insurance with all required endorsements for each required <br />policy setting forth the coverage, the limits of liability, the deductible, if any, the name of the <br />carrier, the policy number, and the period of coverage, which certificates and endorsements shall <br />be executed by authorized officials of the companies issuing such insurance, or any agents or <br />attorneys-in-fact authorized to issue said certificates and endorsements (in which event each such <br />certificate and endorsements shall be accompanied by a notarized affidavit, agency agreement or <br />power of attorney evidencing the authority of the signatory to issue such certificate on behalf of <br />the insurer named therein), accompanied by a certificate from Trustor that the insurance satisfies <br />the requirements of the Loan Agreement, and that Beneficiary may conclusively rely on such <br />certificates. If Beneficiary consents (which consent shall not be unreasonably withheld or <br />delayed), Trustor may provide any of the required insurance through blanket policies carried by <br />Trustor and covering more than one location; provided, however, all such policies shall be in <br />form and substance and issued by companies reasonably satisfactory to Beneficiary. <br />15 <br />WISEPlace Permanent Supportive Housing <br />City HOME-ARP Deed of Trust
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