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understandings, oral or written, express or implied, other than as <br />set forth or incorporated herein. <br />12. Superiority of Agency Interest. The Permanent Mortgage <br />Loan shall be evidenced by that certain Promissory Note For <br />Permanent Financing (Form CHFA 51P) and secured by that certain <br />Deed of Trust For Permanent Financing (Form CHFA 52P) ( "First Deed <br />of Trust "). The Agency's First Deed of Trust and Regulatory <br />Agreement shall be superior to and have priority over any other <br />mortgage, deed of trust, other security interest in the <br />Development, or other covenant, condition, restriction, limitation <br />or agreement affecting the Development unless otherwise <br />specifically agreed to in writing by the Agency. <br />14. Compliance with Laws. The Development shall comply with <br />all applicable federal, state and local laws. Borrower /Developer <br />hereby warrants such legal compliance and agrees to indemnify the <br />Agency against any damages, costs or attorneys fees incurred by <br />the Agency as a result of any noncompliance with such laws. The <br />Agency shall not be obligated to make the loan(s) referred to in <br />this final commitment during the pendency of any lawsuit which <br />challenges the legality of the Development, nor shall the pendency <br />of such a lawsuit extend the term of this final commitment. <br />Very truly yours, <br />ACCEPTED by Borrower /Developer this v day of December <br />Name: Catherine Merschel <br />Title: Executive Director <br />Attachments <br />Appendix A: <br />Appendix B: <br />Appendix C: <br />CHFA 60 <br />4/5/88 <br />By: HOUSING FINANCE AGENCY <br />CALIFORNIA HOUS , <br />s : {; ,�(i c(, l 1 (; <br />Name: Frederick H. Noteware <br />Title: Director of Programs <br />Application for Mortgage Financing (Form CHFA 3) <br />Closing Document Checklist - Permanent Loan <br />(Form CHFA 4P) <br />Regulatory Agreement <br />-6- <br />