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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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Borrower, the City or any other party under the terms of the <br />Secured Obligation and shall cooperate with the other Lender to <br />obtain any such information which has not been delivered to the <br />Active Lender. <br />7.4. Application of Proceeds. Any moneys (including, <br />without limitation, the proceeds of any sale of the Property, any <br />part thereof or any interest therein) received by the Active <br />Lender pursuant to the exercise of any remedies provided in this <br />Deed of Trust or by law shall be applied at the direction of the <br />Active Lender; provided that such proceeds shall be distributed in <br />the following order of priority (i) first, in payment of any <br />premiums on the Policy then due and payable, (ii) then to provide <br />for any Bonds not then defeased as set forth in the Indenture, <br />(iii) then to the payment to MBIA of its cost and expenses in <br />effecting such remedies under this Deed of Trust, (iv) then to the <br />payment of the Agency of its cost and expenses in affecting such <br />remedies under this Deed of Trust, (v) then to the payment of any <br />other sums due to MBIA pursuant to the Note and the other Loan <br />Documents and (vi) then to the payment of any other sums due to <br />the Agency pursuant to the Note and the other Loan Documents, <br />(vii) last, to other persons, if any, legally entitled thereto. <br />7.4 Settlement. MBIA shall have the exclusive right to <br />decide and determine whether any claim, liability, suit or <br />judgment made or brought against MBIA or the Borrower or either of <br />them on the Policy shall or shall not be paid, compromised, <br />resisted, defended, tried or appealed, and MBIA's decision <br />thereon, if made in good faith, shall be final and binding upon <br />the Borrower, but only with respect to the Borrower and MBIA's <br />rights pursuant to this Paragraph 7 and shall not be construed as <br />controlling with respect to suit at law, action in equity or <br />foreclosure brought by the Agency or the Co- Trustee. <br />7.5 Remedies Cumulative. Each right, power and remedy of <br />the Active Lender provided for in the Deed of Trust, the Note and <br />the other Loan Documents or now or hereafter existing at law or in <br />equity or by statute or otherwise shall be cumulative and <br />concurrent and shall be in addition to every other right, power or <br />remedy provided for in the Deed of Trust, the Note and the other <br />Loan Documents or now or hereafter existing at law or in equity or <br />by statute or otherwise, and the exercise or beginning of the <br />exercise or partial exercise by the Active Lender of any one or <br />more of such rights, powers or remedies shall not preclude the <br />simultaneous or later exercise by the Active Lender of any rights, <br />powers or remedies. <br />7.6 Ro Liability Between Lenders. No Lender shall have <br />any liability in connection with a Lender's exercise of their <br />judgment or discretion when acting as Active Lender or in <br />exercising the rights of the Active Lender unless in acting as <br />CHFA 52P.RIDGE.VIEW.1ST <br />O1/06/90.Q02374 -18- <br />
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