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CONSTRUCTION DEED OF TRUST
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CONSTRUCTION DEED OF TRUST
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1/12/2010 12:07:12 PM
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1/12/2010 12:07:10 PM
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RECORDED DOCUMENTS
RECORDED DOCUMENTS - DOCUMENT DATE
6/27/1988
NAME/GRANTOR
EDEN HOUSING INC
APN #/ADDRESS
09400102
RECORDING NO
88154983
RECORDING DATE
6/29/1988
RECORDED DOCUMENTS - TYPE
DEED OF TRUST
RECORDED DOCUMENTS - DESTRUCT DATE
PERMANENT
RECORD SERIES
704-07 (Recorded Docs)
RECORDED DOCUMENTS - NOTES
RIDGE VIEW COMMONS
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54983 <br /> complying with the HDG Program requirements (pursuant to a separately recorded <br /> document), other than the event of forclosure by the beneficiary of the first <br /> deed of trust. <br /> 23. In addition to the Note and any additional note(s), this Deed of <br /> Trust secures the obligations of Trustor under that certain Owner- Grantee <br /> Agreement between Trustor and Beneficiary and the HDG Loan Agreement between <br /> Trustor and Beneficiary and documents incorporated by reference therein. The <br /> Owner- Grantee Agreement was, or is, entered into in connection with the grant <br /> awarded to Beneficiary for the purpose of developing housing for lower income <br /> households pursuant to Section 17 of the U.S. Housing Act of 1937, 42 U.S.C. <br /> 1437 (the "Act known as the Housing Development Grant program "HDG <br /> Program The source of the funds advanced under the Note secured by this <br /> Deed of Trust is the HDG Program. <br /> The HDG Loan provided for herein shall be subject to the terms <br /> and conditions set forth in the Act and the HUD regulations adopted pursuant <br /> thereto, and Trustor hereby consents to such terms and conditions and agrees to <br /> be bound thereby. Such terms and conditions shall be in addition to and not in <br /> limitation of the rights of Beneficiary expressly set forth in this Deed of <br /> Trust. Notwithstanding anything to the contrary herein, Beneficiary and <br /> Trustor agree that should any conflict arise between any provision of this Deed <br /> of Trust and Section 17 of the Act and HUD regulations adopted pursuant <br /> thereto, then Section 17 of the Act and the regulations pursuant thereto shall <br /> be controlling. <br /> C. IN CONNECTION WITH THE HDG PROGRAM REQUIREMENTS, TRUSTOR FURTHER <br /> COVENANTS AND AGREES: <br /> 1. That all of the terms, conditions and provisions of the Note, any <br /> additional note(s), the HDG Loan Agreement and the Owner- Grantee Agreement <br /> (collectively referred to herein as the "Agreements are incorporated herein <br /> and made a part of this Deed of Trust. Upon default under this Deed of Trust <br /> and /or said Agreements, the Beneficiary, at its option, may declare the whole <br /> of the indebtedness secured hereby to be due and payable. <br /> 2. That the HDG Loan funds to be advanced hereunder are to be used <br /> in the construction of certain improvements on the Property in accordance with <br /> the Agreements; and upon the failure of the Trustor to keep and perform all the <br /> covenants, conditions and agreements of said Agreements, the principal sum and <br /> all arrears of interest, if any, and other charges provided for in the Note <br /> shall at the option of the Beneficiary become due and payable, anything <br /> contained herein to the contrary notwithstanding. <br /> 3. Trustor will not sell, lease or otherwise encumber the Property, <br /> or the rents or revenues thereof, except with the prior written consent of the <br /> Beneficiary and except by leasing to tenants in accordance with terms of the <br /> HDG rules and regulations. <br /> 4. Trustor shall permit HUD and Beneficiary and their respective <br /> agents and representatives, to inspect the Property at any and all reasonable <br /> times. Inspections shall be conducted so as not to interfere with the tenants' <br /> use and enjoyment of the Property. <br /> c:HDGDT.EHI Page 10. <br />
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