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Item 12 - Agreements for Habitat for Humanity of Orange County Affordable Ownership Units
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Item 12 - Agreements for Habitat for Humanity of Orange County Affordable Ownership Units
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7/10/2024 5:18:56 PM
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City Clerk
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Agenda Packet
Agency
Community Development
Item #
12
Date
7/16/2024
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EXHIBIT 2 <br />*AV :I1-.11a 7 <br />(5) To Pay immediately and without demand all sums so expended by <br />Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in <br />effect at the date hereof, and to pay for any statement provided for by law in effect at the date <br />hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to <br />exceed the maximum allowed by law at the time when said statement is demanded. <br />B. It is mutually agreed: <br />(1) That any award of damages in connection with any condemnation for <br />public use of or injury to said property or any part thereof is hereby assigned and shall be paid to <br />Beneficiary who may apply or release such monies received by him in the same manner and with <br />the same effect as above provided for disposition of proceeds of fire or other insurance. <br />(2) That by accepting payment of any sum secured hereby after its due date, <br />Beneficiary does not waive his right either to require prompt payment when due of all other sums <br />so secured or to declare default for failure so to pay. <br />(3) That at any time or from time to time, without liability therefor and <br />without notice, upon written request of Beneficiary and presentation of this Deed and said note <br />for endorsement, and without affecting the personal liability of any person for payment of the <br />indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the <br />making of any map or plat thereof, join in granting any easement thereon; or join in any <br />extension agreement or any agreement subordinating the lien or charge hereof. <br />(4) That upon written request of Beneficiary stating that all sums secured <br />hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation <br />and retention or other disposition as Trustee in its sole discretion may choose and upon payment <br />of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The <br />recitals in such reconveyance or any matters or facts shall be conclusive proof of the truthfulness <br />thereof. The Grantee in such reconveyance may be described as "the person or persons legally <br />entitled thereto." <br />(5) That as additional security, Trustor hereby gives to and confers upon <br />Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the <br />rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by <br />Trustor in payment of any indebtedness secured hereby or in performance of any agreement <br />hereunder, to collect and retain such rents, issues and profits as they become due and payable. <br />Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or <br />by a receiver to be appointed by a court, and without regard to the adequacy of any security for <br />the indebtedness hereby secured, enter upon and take possession of said property or any part <br />thereof, in his own name sue for or otherwise collect such rents, issues, and profits, including <br />those past due and unpaid, and apply the same, less costs and expenses of operation and <br />collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in <br />such order as Beneficiary may determine. The entering upon and taking possession of said <br />property, the collection of such rents, issues and profits and the application thereof as aforesaid, <br />shall not cure or waive any default or notice of default hereunder or invalidate any act done <br />pursuant to such notice. <br />Exhibit C <br />
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