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County shall record a Notice of Reconveyance as to the deed of trust on the Southern <br /> Property. <br /> 1.6 Security for and Interest on the Segments 8-10 Balance. If at the time of the second <br /> Closing Date the City is obligated to purchase only Segments 8-10 and the Segments 8- <br /> 10 Balance is to be paid in installments, (a)the City's obligation to pay installments on <br /> the Segments 8-10 Balance($1,687,250) shall be by a promissory note secured by a deed <br /> of trust on the Southern Property and (b) interest on the Segments 8-10 Balance shall <br /> accrue at the LAIF rate prevailing on the payment date; provided, however, that if the <br /> second Closing Date is within two years of the first Closing Date,no interest shall accrue <br /> on the Segments 8-10 Balance until two years after the first Closing Date. The deed of <br /> trust on the southern Property for the purchase of the Segments 8-10 shall be a first deed <br /> of trust if the balance has been paid on the Southern Property. If, at the second Closing <br /> Date, there remains a balance on City's note for the purchase of the Southern Property, <br /> the deed of trust securing the Segments 8-10 purchase shall be second in position only to <br /> the deed of trust securing the Southern Property acquisition and any intervening or <br /> subsequent liens, encumbrances, assessments,judgments or other obligations secured by <br /> or placed against the Southern Property after the first Closing Date shall be paid in full by <br /> the City prior to the second Closing Date. The City may pay the Segments 8-10 Balance <br /> in full, or any amount of the Segments 8-10 Balance in excess of its installment payment, <br /> at any time without penalty. If a deed of trust has been recorded against the Southern <br /> Property for the Segments 8-10 Balance, once the Segments 8-10 Balance has been paid <br /> in full, County shall record a Notice of Reconveyance as to the deed of trust on the <br /> Southern Property. <br /> 1.7 Deposit of Security for City's Purchase of the Northern Property: Forfeiture and Land <br /> Use Designations. At the first Closing Date, City shall deposit into an escrow account <br /> One Million Dollars. Except as provided in sections 1.7.1 and 1.7.2,these funds, plus <br /> accrued interest, shall be returned to the City on the second Closing Date. <br /> 1.7.1 If condition (a) of Section 1.4 has been satisfied and the City, for <br /> whatever reason, elects not to purchase the Northern Property, the City(a) will forfeit the <br /> One Million Dollars to the County in lieu of all other remedies available to the County <br /> and(b) will initiate an amendment to the land use designations applicable to the Northern <br /> Property such that their designations are compatible with land use designations of <br /> adjacent properties to allow the highest and best use of the Northern Property. <br /> 1.7.2 If condition(a) of Section 1.4 has not been satisfied and the City elects <br /> not to purchase Segment 7, and whether or not conditions (a) or(b) of Section 1.4 have <br /> been satisfied, if City, for whatever reason, does not purchase the balance of the Northern <br /> Property (i.e., Segments 8-10), City(a) will forfeit $843,625 (of its One Million Dollars <br /> in escrow) to the County in lieu of all other remedies available to the County (with the <br /> remainder of the escrow account returned to City) and (b) will initiate an amendment to <br /> the land use designations applicable to the Northern Property such that their designations <br /> are compatible with the land use designations of adjacent properties to allow the highest <br /> and best use of the Northern Property. <br /> 4 <br />