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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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City Clerk
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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 />any kind relating to the use or occupancy of the Property and any portion thereof, which are <br />currently in effect for the Property or are entered into on or after the date of this Deed of Trust <br />(collectively, the “Leases” or individually a “Lease”). The Leases shall include (i) all <br />guarantees of and security for lessees' performance under any and all Leases and (ii) all <br />amendments, extensions, renewals or modifications thereto which are permitted hereunder. <br />7.2 License. This Deed of Trust shall constitute a present and absolute assignment to <br />the Beneficiary. However, Trustor shall have the right under a license (the “License”) granted <br />hereby to collect and use at the time of, but not prior to, the date provided for payment, all of the <br />Rent and to retain and use the same in accordance with the terms and provisions of the Note, <br />Deed of Trust, and other Loan Documents; provided, that such License shall be revoked <br />automatically upon the occurrence of an Event of Default as defined below. The Beneficiary <br />shall not revoke the License prior to an Event of Default. <br />7.3 Covenants. <br />1. Trustor covenants and agrees as follows: <br />(a)at Trustor’s sole cost to: (i) perform the duties and obligations of lessor <br />under the Leases and to enforce performance by the lessees of the obligations contained in the <br />Leases; (ii) enforce all remedies available to Trustor in case of default by the lessees under any <br />of the Leases and prosecute and defend any action, arbitration or other controversy relating to <br />any of the Leases or to Trustor's interest in any of the Leases in the ordinary course of Trustor's <br />business; (iii) give the Beneficiary prompt notice of any material default by Trustor which occurs <br />with respect to any of the Leases, and complete copies of any notice of default; (iv) exercise <br />Trustor’s best efforts to keep all portions of the Property designated as lease property leased at <br />all times; (v) upon the Beneficiary's written request, deliver to the Beneficiary a fully executed <br />photocopy and a counterpart original of each and every Lease; (vi) execute and record such <br />additional assignments of any Lease, in form and substance reasonably acceptable to the <br />Beneficiary, as the Beneficiary may request; and (vii) execute and deliver such additional <br />documents and instruments as the Beneficiary may reasonably request from time to time to carry <br />out the purpose of this Deed of Trust; and <br />(b)except with the Beneficiary's prior written consent, which consent will not <br />be arbitrarily withheld, not to either orally or in writing: (i) enter into any Leases after the date of <br />this Deed of Trust which are not in compliance with the applicable provisions of the Loan <br />Agreement, Regulatory Agreement and other Loan Documents; (ii) execute any other assignment <br />relating to any of the Leases or collect the rent in advance, other than to collect one (1) month in <br />advance of the time when it becomes due; (iii) terminate, modify or amend any of the terms of <br />the Leases or in any manner release or discharge any lessee from any obligations thereunder; (iv) <br />consent to any assignment or subletting by any lessee of the Leases; or (v) do or permit anything <br />to be done to impair the validity or enforceability of any of the Leases. Any such attempted <br />action in violation of the provisions of this paragraph shall be null and void. <br />(c)Representations and Warranties. Trustor hereby represents and <br />warrants <br />(1) Trustor is and will be the sole owner of lessor's interest in each Lease; <br />26 <br />WISEPlace Permanent Supportive Housing <br />City HOME-ARP Deed of Trust
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