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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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hereafter made, reserving to Borrower only the right, prior to any <br />such default, to collect and retain such rents as they become due, <br />but not otherwise. Borrower shall on demand execute such further <br />assignments to the Agency of any or all such leases, agreements, <br />rents or monies as the Agency may require, and deliver to the <br />Agency a fully executed original of any or all such leases or <br />agreements. The Agency, in person, or by any agent, employee or <br />receiver, may also take possession of, and for these purposes use, <br />any and all of Borrower's personal property contained in or on the <br />Property and used by Borrower in the operation, rental or leasing <br />thereof or any part thereof. The expenses (including, but not <br />limited to, receiver's fees, attorney's fees and agent's <br />compensation) incurred by the Agency pursuant to the power herein <br />contained shall be secured hereby. The Agency may bring or defend <br />any legal action in connection with the Property, as it may deem <br />proper, and may, from time to time, make all necessary or proper <br />repairs, replacements and alterations to the Property, as to it <br />may seem judicious, and may insure and reinsure the same, and may <br />lease the Property or any part or parts thereof in such parcels <br />and for such periods and on such terms as to it may seem fit, <br />including leases for terms expiring after the maturity of the <br />indebtedness hereby secured, and may terminate and lease for any <br />cause which would entitle Borrower to terminate it. After <br />deducting the expenses of managing and operating the same and all <br />maintenance, repairs, replacements and alterations and all <br />payments which may be made for taxes, assessments, liens, claims, <br />insurance premiums, or other proper charges of the Property or any <br />part thereof, including fair and reasonable compensation for <br />attorneys and for agents employed by the Agency to manage and <br />operate the Property, the Agency may apply any and all remaining <br />funds to the payment of the indebtedness hereby secured in such <br />order and proportion as the Agency may determine. Neither <br />application of said amounts to such indebtedness nor any other <br />action taken by the Agency under this subparagraph shall cure or <br />waive any default hereunder or nullify the affect of any such <br />notice of default or invalidate any act done pursuant to such <br />notice or any cause of action to foreclose this Deed of Trust. <br />The right to enter and take possession of the Property, to manage <br />and operate the same, and to collect the rents, issues and profits <br />thereof, whether by a receiver or otherwise, shall be in addition <br />to any other right or remedy hereunder or afforded by law, and may <br />be exercised concurrently therewith or independently thereof. The <br />Agency shall be liable to account only for such rents, royalties, <br />issues, accounts and profits actually received by it. <br />5.10 Attorney's Fees. If Trustee or the Agency shall <br />be made parties to or shall intervene in any action or proceeding <br />affecting the Property or the title thereto or the interest of <br />CHFA 52P <br />6/1/88 <br />V01642 <br />
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