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Item 39 - Affordable Housing Project at 2530 & 2534 Westminster Avenue
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05/17/2022 Special and Regular
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Item 39 - Affordable Housing Project at 2530 & 2534 Westminster Avenue
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
39
Date
5/17/2022
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32 <br />Westview House <br />City HOME Deed of Trust <br /> If any term or provision of this Deed of Trust conflicts with any term of provision of the <br />Loan Agreement, the term or provision of the Loan Agreement shall control to the extent of such <br />conflict. <br /> 8.14. Statements by Trustor. <br /> Trustor shall, at its cost, within ten (10) days after notice thereof from Beneficiary, <br />deliver to Beneficiary a written statement setting forth to the best of its knowledge and <br />information, the amounts then unpaid and secured by this Deed of Trust and stating whether <br />Trustor is aware of any offset or defense against such amounts. <br /> 8.15. Beneficiary Statements. <br /> For any statement or accounting requested by Trustor or any other entitled person <br />pursuant to Section 2943 or Section 2954 of the California C ivil Code or pursuant to any other <br />provision of applicable law, or for any other document or instrument furnished to Trustor by <br />Beneficiary, Beneficiary may charge the maximum amount permitted by law at the time of the <br />request therefor, or if there be no such maximum, then in accordance with Beneficiary’s <br />customary charges therefor or the actual cost to Beneficiary therefor, whichever is greater. <br /> 8.16. Statute of Limitations. <br /> Except insofar as now or hereafter prohibited by law, the right to plead, use or assert any <br />statute of limitations as a plea or defense or bar of any kind, or for any purpose, to any debt, <br />demand or obligation secured or to be secured hereby, or to any complaint or other pleading or <br />proceeding filed, instituted or maintained for the purpose of enforcing this Deed of Trust or any <br />rights hereunder, is hereby waived by Trustor. <br />8.17. Trust Irrevocable; No Offset. <br /> The Trust created hereby is irrevocable by Trustor. No offset or claim that Trustor now <br />has or may in the future have against Beneficiary shall relieve Trustor from paying the <br />indebtedness or performing any other Obligation contained herein or secured hereby. <br /> 8.18. Corrections. <br /> Trustor shall, upon request of Beneficiary, promptly correct any defect, error or omission <br />which may be discovered in the contents hereof or in the execution or acknowledgment hereof, <br />and will execute, acknowledge and deliver such further instruments and do such further acts as <br />may be necessary or as may be reasonably requested by Beneficiary to carry out more effectively <br />the purposes thereof, to subject to, the lien and security interest hereby created any of Trustor’s <br />properties, rights or interests covered or intended to be covered hereby, or to perfect and <br />maintain such lien and security interest. <br /> 8.19. Further Assurance. <br /> Trustor, Beneficiary and Trustee agree to do or cause to be done such further acts and <br />things and to execute and deliver or to cause to be executed and delivered such additional <br />EXHIBIT 3
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