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03
City of Pleasanton
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030116
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2/25/2016 4:13:47 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/1/2016
DESTRUCT DATE
15Y
DOCUMENT NO
03
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portion thereof or the interest of Trustor in the Property; (v) there are no threatened or <br /> pending condemnation, eminent domain, or similar proceedings affecting the Property <br /> or any portion thereof; (vi) Trustor has not received any notice from any insurer of <br /> defects of the Property which have not been corrected; (vii) there are no natural or <br /> artificial conditions upon the Land or any part thereof that could result in a material and <br /> adverse change in the condition of the Land; (viii) all information that Trustor has <br /> delivered to Beneficiary, either directly or through Trustor's agents, is accurate and <br /> complete; and (ix) Trustor or Trustor's agents have disclosed to Beneficiary all material <br /> facts concerning the Property. <br /> 7.3 Authority. Trustor represents and warrants that this Deed of Trust and all <br /> other documents delivered or to be delivered by Trustor in connection herewith: (a) <br /> have been duly authorized, executed, and delivered by Trustor; (b) are binding <br /> obligations of Trustor; and (c) do not violate the provisions of any agreement to which <br /> Trustor is a party or which affects the Property. Trustor further represents and warrants <br /> that there are no pending, or to Trustor's knowledge, threatened actions or proceedings <br /> before any court or administrative agency which may adversely affect Trustor's <br /> ownership of, or interest in, the Property or part thereof. <br /> 7.4 Payment and Performance of Secured Obligations. Trustor shall promptly <br /> pay when due the principal and all interest due on the indebtedness evidenced by the <br /> Note, and shall promptly pay and perform all other obligations of Trustor arising in <br /> connection with the Secured Obligations or the City Documents in accordance with the <br /> respective terms thereof. <br /> 7.5 Use of Loan Proceeds; Preservation and Maintenance of Property; <br /> Compliance with Laws. Trustor covenants that it shall use the proceeds of the Loan <br /> (the "Loan Proceeds") solely for purposes authorized by the City Documents. Trustor <br /> covenants that it shall keep the Land and Improvements in good repair and condition, <br /> 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, shall not commit <br /> or allow waste of the Property, and shall not commit or allow any act upon or use of the <br /> Property which would violate any applicable law or order of any governmental authority, <br /> nor shall Trustor bring on or keep any article on the Property or cause or allow any <br /> condition to exist thereon which could invalidate or which would be prohibited by any <br /> insurance coverage required to be maintained on the Property pursuant to the City <br /> Documents. <br /> 7 <br /> OAK #4847-7399-4286 v3 <br />
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