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09B
City of Pleasanton
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CITY CLERK
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2018
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020618
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09B
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1/31/2018 5:22:20 PM
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1/31/2018 3:20:48 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/6/2018
DESTRUCT DATE
15Y
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and from time to time shall make necessary repairs, renewals and replacements thereto <br />so that the Property shall be preserved and maintained. Trustor covenants that it shall <br />comply with all federal, state and local laws, regulations, ordinances and rules <br />applicable to the Property and the Project, including without limitation all applicable <br />requirements of state and local building codes and regulations, all applicable Prevailing <br />Wage Laws, and all applicable statutes and regulations relating to accessibility for the <br />disabled. Trustor shall not remove, demolish or materially alter any Improvement <br />without Beneficiary's consent, shall complete or restore promptly and in good and <br />workmanlike manner any building, fixture or other improvement which may be <br />constructed, damaged, or destroyed thereon, and shall pay when due all claims for <br />labor performed and materials furnished therefor. Trustor shall use the Land and the <br />Improvements solely for purposes authorized by the City Documents and the Ground <br />Lease, shall not commit or allow waste of the Property, and shall not commit or allow <br />any act upon or use of the Property which would violate any applicable law or order of <br />any governmental authority, nor shall Trustor bring on or keep any article on the <br />Property or cause or allow any condition to exist thereon which could invalidate or which <br />would be prohibited by any insurance coverage required to be maintained on the <br />Property pursuant to the City Documents or the Ground Lease. <br />7.6 Restrictions on Conveyance and Encumbrance; Acceleration. It shall be <br />an Event of Default hereunder if the Property or the Improvements, or any part thereof <br />or interest therein is sold, assigned, conveyed, transferred, hypothecated, leased, <br />licensed, or encumbered in violation of the City Documents or the Ground Lease or if <br />any other Transfer (as defined in the Loan Agreement) occurs in violation of the City <br />Documents or the Ground Lease. If any such Transfer shall occur in violation of such <br />requirements, without limiting the provisions of Section 8 hereof, all obligations secured <br />by this Deed of Trust, irrespective of the maturity dates of such obligations, shall at the <br />option of Beneficiary, and without demand, immediately become due and payable, <br />subject to any applicable cure period. <br />7.7 Inspections; Books and Records. Beneficiary and its agents and <br />representatives shall have the right at any reasonable time upon reasonable notice to <br />enter upon the Land and inspect the Property to ensure compliance with the City <br />Documents. Trustor shall maintain complete and accurate books of account and other <br />records (including copies of supporting bills and invoices) adequate to document the <br />use of the Loan Proceeds and the operation of the Property, together with copies of all <br />written contracts, Leases and other instruments which affect the Property. The books, <br />records, contracts, Leases and other instruments shall be subject to examination and <br />inspection by Beneficiary at any reasonable time following at least two business days <br />prior notice. <br />7.8 Charges, Liens, Taxes and Assessments. Trustor shall pay before <br />delinquency all taxes, levies, assessments and other charges affecting the Property that <br />are (or if not paid may become) a lien on all or part of the Property. Trustor may, at <br />Trustor's expense, contest the validity or application of any tax, levy, assessment or <br />charge affecting the Property by appropriate legal proceedings promptly initiated and <br />conducted in good faith and with due diligence, provided that (i) Beneficiary is <br />7 <br />OAK #9818-1017-3530 v2 <br />
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