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RecDoc 2016-063770 City Center Plaza
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RecDoc 2016-063770 City Center Plaza
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Last modified
8/11/2016 3:50:29 PM
Creation date
8/11/2016 3:46:39 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Assignment, Assumption and Modification Agreement
Doc Num
2016-063770
Rec Date
6/30/2016
APN
053-400-030-2
Address
City Center Plaza
Parties
Mezes Court Associates, A CA Limited Partnership,
Reso Ref
15455
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9. There are no actions, whether voluntary or otherwise, pending against its under <br /> any insolvency, bankruptcy or other debtor relief laws of the United States or any state. We have <br /> not received written notice of any pending eminent domain proceedings or other governmental <br /> actions or any judicial actions of any kind against the Commercial Parcel or the Property. <br /> Nothing in the REA, including Section 9.2 thereof, shall prevent or preclude a separate claim in <br /> any Condemnation proceeding by the holder of the servient tenement for loss or damage caused <br /> by such Condemnation. <br /> 10. To our actual knowledge, the Commercial Parcel has not been used for any <br /> activities that, directly or indirectly, involve the use, generation, treatment, storage, <br /> transportation or disposal of any petroleum product or any toxic or hazardous chemical, material, <br /> substance, pollutant or waste in violation of applicable law. We have not received any notice, <br /> written or oral, of (a) any violation of any applicable federal, state, county or local statute, law, <br /> rule or regulation of any governmental authority relating to environmental, health or safety <br /> matters on or about the Property; (b) any allegation that, if true, would contradict any statement <br /> contained in this Estoppel Certificate; or (c) the existence of any writ, injunction, decree, order, <br /> judgment, lawsuit, claim, proceeding or investigation, pending or threatened, relating to the use, <br /> maintenance or operation of the Commercial Parcel (nor are we aware of a basis for any such <br /> notice under (a), (b) or (c) above). <br /> 11 . With respect to defaults under the REA and prior to the exercise of any remedy <br /> thereunder: <br /> (a) we will give you a copy of any written notice we give to the Residential Owner <br /> under the REA at the addresses set forth above; <br /> (b) we will give you twenty (20) business days after your receipt of such notice to <br /> cure a non-payment of any sum due under the REA; <br /> (c) we will give you ninety (90) days after your receipt of such notice to cure any <br /> other default under the REA; <br /> (d) if a default is incapable of being cured within ninety (90) days, we will give you <br /> such additional time as is necessary to cure such default provided you have <br /> commenced to cure such default and are diligently proceeding to cure such <br /> default; <br /> (e) if you make any such payment or otherwise cure such default, we will accept such <br /> action as curing the respective default under the REA; <br /> (f) reserved; and <br /> (g) if you remove the general partner of the Residential Owner you will not have to <br /> cure prior defaults of that general partner that are not capable of being cured by <br /> you, such as the bankruptcy of such general partner. <br /> 12. We confirm that each of the following transfers is permitted and will not violate <br /> the terms of the REA, including, without limitation, Section 3 .6(5) thereof: <br /> 3 <br />
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