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CONSTRUCTION DEED OF TRUST
City of Pleasanton
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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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154953 <br /> 5. Notwithstanding anything to the contrary contained herein, in the <br /> event of an uncorrected Substantive Violation (which term is defined in the <br /> Owner- Grantee Agreement) by the Trustor of obligations specified in the <br /> Owner- Grantee Agreement, the Trustor shall repay to the Beneficiary the princi- <br /> pal amount outstanding, as of the date the Trustor is notified of the viola- <br /> tion, plus interest, which is determined by HUD by adding two percent to the <br /> average yield on outstanding marketable long -term obligations of the United <br /> States during the month preceding the date on which the initial Grant Funds <br /> were released. Funds paid to the Beneficiary pursuant to this paragraph shall <br /> be used by the Beneficiary in accordance with the HDG Grant Agreement. <br /> 6. Trustor hereby represents, covenants, warrants and agrees that: <br /> a. It has obtained, or prior to construction will obtain, all <br /> Federal, State and local approvals and reviews required by law; <br /> b. The Property will be developed in accordance with plans <br /> approved by Beneficiary, and applicable State and local building codes; <br /> c. At all times during the construction period, it shall comply <br /> with the minority and women -owned business provisions of the Owner- Grantee <br /> Agreement, Grant Agreement between Beneficiary and the Secretary of the <br /> Department of Housing and Urban Development, and the appropriate HUD <br /> regulations; <br /> d. It shall comply with the requirements of Title VIII of the <br /> Civil Rights Act of 1968, 42 U.S.C. 3601 -19 (Public Law 90 -284) and <br /> implementing regulations; Executive Order 11063 and implementing regulations at <br /> 24 CFR Part 107; Title VI of the Civil Rights Act of 1964 (Public Law 88 -352) <br /> and implementing regulations at 24 CFR Part 1; the Age Discrimination Act of <br /> 1975 (42 U.S.C. 6101 -07); Section 504 of the Rehabilitation Act of 1973, 29 <br /> U.S.C. 794; Executive Order 11246 and the implementing regulations at 41 CFR <br /> Chapter 60; and the requirements of section 3 of the Housing and Urban <br /> Development Act of 1968; <br /> e. During the Project Term (as defined in the Owner- Grantee <br /> Agreement), forty percent (40 or eighty (80) of the rental housing units to <br /> be constructed on the Property in accordance with the Agreements shall be <br /> occupied by lower income households, in accordance with the Grant Agreement; <br /> f. Rents (including utilities paid by the tenants) for the lower <br /> income units shall be reviewed and approved by the Beneficiary or its designee, <br /> within permissible limits, in accordance with HUD regulations, in particular 24 <br /> CFR Part 850, and instructions from HUD with respect to standard deductions <br /> (provided Beneficiary shall be deemed to have approved the lower income rents <br /> if it fails to inform the Trustor of any objections thereto within sixty (60) <br /> days of receipt of a schedule of such rents); <br /> g. Lower income units shall be leased only to tenants who have <br /> lower or very low income at the time of initial occupancy; <br /> h. It shall take appropriate action in accordance with HUD <br /> regulations, if upon reexamination of household income a tenant no longer <br /> qualifies as a lower income household in accordance with 24 C.F.R. Part 850; <br /> c:HDGDT.EHI Page 11. <br />
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