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CHFA LOAN CLOSING
City of Pleasanton
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CHFA LOAN CLOSING
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1/31/2011 3:43:12 PM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
1/12/1990
LONG TERM AGREEMENTS - NAME
CHFA LOAN CLOSING
LONG TERM AGREEMENTS - TYPE
MISC AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06 (Long Term Agreements)
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
LONG TERM AGREEMENTS - NOTES
RIDGE VIEW COMMONS
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for payment of the indebtedness hereby secured shall operate to <br />release, discharge, waive, modify, change or affect the liability <br />of the Borrower and /or the City either in whole or in part. <br />5.4 Late Payment. The Lenders' acceptance of late <br />payment of any sum shall not constitute a waiver of their rights <br />to require prompt payment when due of all other indebtedness, or <br />to declare a default for any failure so to pay, or to proceed with <br />foreclosure or sale for any other default then existing. The <br />Lenders' acceptance of partial payment of any sum after default <br />shall not cure such default or affect any notice of default unless <br />such notice of default is expressly revoked in writing by the <br />Lenders. <br />5.5 The Lenders' Rights to Release. Without affecting <br />the liability of any person for payment of any indebtedness hereby <br />secured (other than any person released pursuant hereto), <br />including without limitation any one or more endorsers or <br />guarantors, and without affecting the lien hereof upon any of the <br />Property not released pursuant hereto, at any time and from time <br />to time without notice to the Borrower but with notice to the <br />City: (a) The Lenders may, at their sole discretion, (i) release <br />any person now or hereafter liable for payment of any or all such <br />indebtedness, (ii) extend the time for or agree to alter the terms <br />of payment of any or all of such indebtedness, and (iii) release <br />or accept additional security for such indebtedness, or <br />subordinate the lien or charge hereof; and (b) Trustee, acting <br />pursuant to the written request of the Agency and MBIA, may <br />reconvey all or any part of the Property, consent to the making of <br />any map or plat thereof, join in granting any easement thereon, or <br />join in any such agreement of extension or subordination. <br />5.6 Reconveyance. Upon written request of the Lenders <br />stating that all sums and obligations secured hereby have been <br />discharged, or otherwise as requested in writing by the Lenders, <br />and upon surrender of this Deed of Trust and the Note and any <br />additional loan notes to Trustee for cancellation, and upon <br />payment to Trustee of its fees and expenses, Trustee shall <br />reconvey, without warranty, the Property or that part thereof then <br />held hereunder. The recitals in any reconveyance shall be <br />conclusive proof of their truthfulness and the grantee in any such <br />reconveyance may be described "as the person or persons legally <br />entitled thereto." When the Property has been fully reconveyed, <br />the last such reconveyance shall operate as a reassignment of all <br />of the rents, royalties, issues, accounts and profits of the <br />Property to the person or persons legally entitled thereto unless <br />such reconveyance expressly provides to the contrary. <br />5.7 Events of Default. Any one or more of the following <br />events shall constitute a default under this Deed of Trust: (a) <br />failure of the Borrower and /or the City to pay the indebtedness <br />CHFA 52P.RIDGE.VIEW.IST <br />01/06/90.Q02374 -8- <br />
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