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
21 <br />4860-6036-3710v2 <br />Trustor irrevocably consents to service, jurisdiction, and venue of such courts for any such <br />litigation, and waives any other venue to which it might be entitled by virtue of domicile, <br />habitual residence or otherwise. If any provision of this Deed of Trust is held unenforceable or <br />void, that provision shall be deemed severable from the remaining provisions, and shall in no <br />way affect the validity of this Deed of Trust. The captions used in this Deed of Trust are for <br />convenience only and are not intended to affect the interpretation or construction of the <br />provisions herein contained. In this Deed of Trust, whenever the context so requires, the singular <br />number includes the plural. <br /> 11.7 Waiver, Modification and Amendment. Any waiver by Beneficiary of any <br />obligation of Trustor hereunder must be in writing, and no waiver shall be construed as a <br />continuing waiver. No waiver shall be implied from any delay or failure by Beneficiary or <br />Trustee to take action on account of any default of Trustor. Consent by Beneficiary or Trustee to <br />any act or omission by Trustor shall not be construed as a consent to any other or subsequent act <br />or omission or to waive the requirement for Beneficiary’s or Trustee’s consent to be obtained in <br />any future or other instance. No amendment to or modification of this Deed of Trust shall be <br />effective unless and until such amendment or modification is in writing, executed by Trustor and <br />Beneficiary. Without limiting the generality of the foregoing, Beneficiary’s acceptance of <br />payment of any sum secured hereby after its due date shall not constitute a waiver by Beneficiary <br />of its right either to require prompt payment when due of all other sums so secured or to declare <br />default for failure so to pay. <br /> 11.8 Action by Beneficiary. Except as may be otherwise specifically provided herein, <br />whenever any approval, notice, direction, or consent by the Beneficiary is required or permitted <br />under this Agreement, such action shall be in writing, and such action may be given, made or <br />taken by Beneficiary’s City Manager or by any person who shall have been designated by <br />Beneficiary’s City Manager, without further approval by the governing board of Beneficiary. <br /> 11.9 Joint and Several Liability. If Trustor consists of more than one person or entity, <br />each shall be jointly and severally liable for the faithful performance of all of Trustor’s <br />obligations under this Deed of Trust. <br /> 11.10 Time is of the Essence. Time is of the essence for each provision of this Deed of <br />Trust. <br />11.11 Counterparts. This Deed of Trust may be executed in multiple counterparts, each <br />of which shall be an original and all of which together shall constitute one agreement. <br /> <br />11.12 Partial Subordination to Extended Use Agreement. Trustor and the California <br />Tax Credit Allocation Committee may enter into a Regulatory Agreement (the “CTCAC <br />Regulatory Agreement”) which constitutes the extended low-income housing commitment <br />described in Section 42(h)(6)(B) of the Internal Revenue Code of 1986, as amended (the <br />“Code”). In the event of a foreclosure of Beneficiary’s interest under this Deed of Trust or <br />delivery by the Trustor of a deed in lieu thereof (collectively, a “Foreclosure”), the following <br />rule shall apply pursuant to Section 42(h)(6)(e)(ii) of the Code: <br />
The URL can be used to link to this page
Your browser does not support the video tag.