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Agmt99 Peninsula Habitat... (2)
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Agmt99 Peninsula Habitat... (2)
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Last modified
8/28/2012 3:07:56 PM
Creation date
5/19/2005 1:12:24 PM
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Agreement
Contractor Name
Peninsula Habitat for Humanity
PROJECT NAME
422 & 430 Lincoln Avenue
RMP File Number
304
Date
1/28/1999
Reso Ref
13546
Box
5900
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1 v <br /> 8 <br /> n. Exercise b,y Habitat upon a Default. The Right to Repurchase may be exercised by <br /> Habitat upon a default under this Addendum or upon default under any <br /> promissory note or deed of trust or any other lien, including a judgment lien, <br /> recorded against the Property. Habitat shall have thirty (30) days after a default is <br /> declared to notify the owner of its decision to exercise its Right of Repurchase. <br /> No later than sixty (60) days after the certified mailing of the notice to exercises <br /> its option,Habitat shall purchase the Property for the Eligible Sales Price, less any <br /> liens or encumbrances on the Property required to result in free and clear title to <br /> Habitat, and the costs of sale. <br /> o. Excess Proceeds Paid From Creditor's Sale . If a creditor acquires title to the <br /> Property through a deed in lieu of foreclosure, a trustee's deed upon a <br /> foreclosure sale, or otherwise, the owner shall not be entitled to the proceeds of <br /> sale to the extent that such proceeds otherwise payable to owner when added to <br /> the proceeds paid or credited to the creditor exceed the amount owner would have <br /> received by a sale in accordance with the provisions of this �dd�endum, less any <br /> liens or encumbrances on the Property required to result in free and clear title to <br /> Habitat, and the costs of sale. The owner shall instruct the holder of such excess <br /> proceeds to pay such proceeds to Habitat as repayment for, and in consideration <br /> of, the financial assistance provided in the development of the Property. <br /> p. Other Terms and Provisions. Such other terms and provisions that Redwood City <br /> deems reasonable and appropriate for this Addendum to contain. <br /> q. Term. The provisions of this Addendum shall remain in force and effect and shall <br /> be enforceable by Grantor by action in law or in equity for a period of forty (45) <br /> years from the date upon which the Grant Deed is recorded in the official records <br /> of San Mateo County at which time they shall automatically become ineffective <br /> without the requirement for further action on the part of any person. The power <br /> of termination stated herein shall endure for a term of thirty (30) years, and shall <br /> be subject to being extended for a period not to exceed an additional term of <br /> fifteen (15) years pursuant to California Civil Code §885.030. The rights, <br /> restrictions and covenants in favor of Grantor hereunder are, and shall be <br /> enforceable, by Redwood City as a third party beneficiary of this instrument. <br /> r. Distribution of Sales Proceeds <br /> In the event of a resale, closing and title insurance costs will be paid pursuant to <br /> the custom and practice in the City of Redwood City at the time of the opening of <br /> escrow. Seller shall bear the expense of providing a current written report of an <br /> , inspection by a licensed Structural Pest Control Operator. All work <br /> recommended in said report to repair damage caused by infestation or infection of <br /> wood-destroying pests or organisms found and all work to correct conditions that <br /> caused such infestation or infection shall be done at the expense of the Seller. <br /> Upon the close of escrow, the Seller shall receive the Eligible Sales Price. The <br /> Eligible Sales Price proceeds will be used to pay through escrow any closing costs <br /> Attachment No. 7 <br /> Page 5 of 5 <br />
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