My WebLink
|
Help
|
About
|
Sign Out
RES 2024040
City of Pleasanton
>
CITY CLERK
>
RESOLUTIONS
>
2020-present
>
2024
>
RES 2024040
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
6/18/2024 4:24:22 PM
Creation date
6/18/2024 4:22:47 PM
Metadata
Fields
Template:
CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/4/2024
DESTRUCT DATE
PERMANENT
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
127
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
5 <br />4860-6036-3710v2 <br />Beneficiary, or (iii) any such item is referred to or reflected in any such financing statement so <br />filed at any time. Similarly, the mention in any such financing statement of (1) rights in or to the <br />proceeds of any fire and/or hazard insurance policy, or (2) any award in eminent domain <br />proceedings for a taking or for lessening of value, or (3) Trustor's interest as lessor in any present <br />or future lease or rights to income growing out of the use and/or occupancy of the property <br />conveyed hereby, whether pursuant to lease or otherwise, shall not be construed as in any way <br />altering any of the rights of Beneficiary as determined by this instrument or impugning the <br />priority of Beneficiary’s lien granted hereby or by any other recorded document. Such mention <br />in any financing statement is declared to be solely for the protection of Beneficiary in the event <br />any court or judge shall at any time hold, with respect to the matters set forth in the foregoing <br />clauses (1), (2), and (3), that notice of Beneficiary's priority of interest is required in order to be <br />effective against a particular class of persons, including but not limited to the federal government <br />and any subdivisions or entity of the federal government. <br />6. Fixture Filing. This Deed of Trust is intended to be and constitutes a fixture filing <br />pursuant to the provisions of the UCC with respect to all of the Property constituting fixtures, is <br />being recorded as a fixture financing statement and filing under the UCC, and covers property, <br />goods and equipment which are or are to become fixtures related to the Land and the <br />Improvements. Trustor covenants and agrees that this Deed of Trust is to be filed in the real <br />estate records of Santa Clara County and shall also operate from the date of such filing as a <br />fixture filing in accordance with Section 9502 and other applicable provisions of the UCC. This <br />Deed of Trust shall also be effective as a financing statement covering minerals or the like <br />(including oil and gas) and accounts subject to the UCC, as amended. Trustor shall be deemed to <br />be the “debtor” and Beneficiary shall be deemed to be the “secured party” for all purposes under <br />the UCC. <br />7. Trustor’s Representations, Warranties and Covenants; Rights and Duties of the Parties. <br />7.1 Representations and Warranties. Trustor represents and warrants that: (i) Trustor <br />lawfully possesses and holds a leasehold interest in the Land, (ii) Trustor will hold a fee interest <br />in the Improvements that Trustor will cause to be constructed on the Land pursuant to the <br />Ground Lease; (iii) Trustor has good and marketable title to or a leasehold interest in all of the <br />Property; (iv) other than as limited by the City Documents, Trustor has the full and unlimited <br />power, right and authority to encumber Trustor’s interests in the Property with this Deed of Trust <br />and assign the Rents as contemplated herein; (v) this Deed of Trust creates a valid lien on <br />Trustor’s entire interest in the Property subject only to encumbrances of record and senior liens <br />permitted pursuant to the City Documents or otherwise approved in writing by Beneficiary <br />(“Permitted Encumbrances”); (vi) except with respect to Permitted Encumbrances, Trustor will <br />hold a leasehold interest in the Land and a fee interest in the Improvements free and clear of all <br />deeds of trust, mortgages, security agreements, reservations of title or conditional sales contracts, <br />(vii) there is no financing statement affecting the Property or any part thereof on file in any <br />public office other than as disclosed in writing to Beneficiary; and (vii) the correct address of <br />Trustor’s chief executive office is specified in Section 11.2. <br />7.2 Condition of Property. Trustor represents and warrants that except as disclosed to <br />Beneficiary in writing, as of the date hereof: (i) Trustor has not received any notice from any <br />governmental authority of any threatened or pending zoning, building, fire, or health and safety
The URL can be used to link to this page
Your browser does not support the video tag.