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RES 231425
City of Pleasanton
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CITY CLERK
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RES 231425
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10/24/2023 2:52:42 PM
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10/24/2023 2:52:34 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/17/2023
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a. Source of Funds Loaned to Borrower. In order to assist Borrower in paying <br /> for the construction of a new two (2) bedroom accessory dwelling unit (ADU) <br /> on the Property, the City is using a portion of the funds from the Affordable <br /> Housing Fund ($58,824) and the federal HOME Investment Partnership <br /> Program funds ($241,176) as the sources of the loan from the City to <br /> Borrower in the amount of the original principal sum of the Note; the loan, <br /> which is evidenced by this Note, and a Loan Agreement between the parties <br /> of even date herewith. <br /> b. Property as Security. The Property shall serve as the security for the Deed of <br /> Trust executed in connection with this Note. <br /> 5. Notice. Any notice to one party by the other party as provided for in this Note shall <br /> be given by mailing such notice by certified mail, by overnight mail, or with proof of service, <br /> addressed to the address stated below, or such other address as one party may designate <br /> to the other party: <br /> To Borrower: To City: <br /> Tri-Valley REACH City of Pleasanton <br /> 225 Spring Street 123 Main Street <br /> Pleasanton, CA 94566 Pleasanton, CA 94566 <br /> 6. Acceleration. The indebtedness evidenced by this Note is secured by a Deed of <br /> Trust of even date herewith, and reference is made to the Deed of Trust for rights as to <br /> acceleration of the indebtedness evidenced by this Note. <br /> 7. Non-Recourse. This Note constitutes a portion of the construction costs for the new <br /> ADU on the Property. Borrow shall have no personal liability for any deficiency on this Note <br /> and the only remedy available to the City or any holder in due course shall be foreclosure <br /> pursuant to law as provided in the Deed of Trust securing this Note. The City may assign its <br /> right to receive the proceeds under this Note to any person and upon notice to Borrower by <br /> City all payments shall be made to such assignee. <br /> 8. Waiver. To the fullest extent permitted by law and except to the extent such rights <br /> are expressly provided in this Note, Borrower waives presentment, demand, protest and all <br /> other notices with respect to Borrower's obligations hereunder. <br /> 9. Expenses. The Borrower shall pay to the Lender on demand by the Lender all costs <br /> and expenses incurred by the Lender in connection with the collection and enforcement of <br /> this Note, including, without limitation, reasonable attorneys' fees and expenses and all <br /> court costs. <br /> 10. Law and Venue. The provisions of this Note shall be interpreted under the laws of <br />
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