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AgdaPkt 2019-05-20 Joint SA PFA
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AgdaPkt 2019-05-20 Joint SA PFA
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Last modified
10/1/2020 3:47:20 PM
Creation date
5/16/2019 5:27:10 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
5/20/2019
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6.B. - Page 30 of 46 <br />7.9 Subro ag tion. Beneficiary shall be subrogated to the liens of all encumbrances, <br />whether released of record or not, which are discharged in whole or in part by Beneficiary in <br />accordance with this Deed of Trust. <br />7.10 Hazard, Liability and Workers' Compensation Insurance. At all times during the <br />term hereof, at Trustor's expense, Trustor shall keep the Improvements and personal property <br />now existing or hereafter located on the Property insured against loss by fire, vandalism and <br />malicious mischief by a policy of standard fire and extended all-risk insurance. The policy shall <br />be written on a full replacement value basis and shall name Beneficiary as loss payee as its <br />interest may appear. The full replacement value of the improvements to be insured shall be <br />determined by the company issuing the policy at the time the policy is initially obtained. Not <br />more frequently than once every two (2) years, either the Trustor or the Beneficiary shall have <br />the right to notify the other party that it elects to have the replacement value redetermined by the <br />insurance company. Subject to the rights of any senior lienholder, the proceeds collected under <br />any insurance policy may be applied by Beneficiary to any indebtedness secured hereby and in <br />such order as Beneficiary may determine, or at the option of Beneficiary, the entire amount so <br />collected or any part thereof may be released to Trustor; provided however, if Trustor is not in <br />default under the Loan Documents, the proceeds shall be released to Trustor to repair or rebuild <br />the Project provided that Trustor demonstrates to Beneficiary's satisfaction that sufficient <br />additional sources of financing to complete such repair or rebuilding are available to complete <br />such work. Such application or release shall not cure or waive any default or notice of default <br />hereunder or invalidate any act done pursuant to such notice. <br />7.10.1 Trustor shall at all times during the term hereof, maintain insurance <br />coverage in the amounts and in accordance with the requirements specified in the Loan <br />Documents, and shall otherwise comply with all requirements pertaining to insurance specified <br />in the Loan Agreement, the Regulatory Agreement, or this Deed of Trust. <br />7.10.2 Trustor shall file with Beneficiary prior to the commencement of the term <br />hereof, certificates (or such other proof as Beneficiary may require, including without limitation, <br />copies of the required insurance policies) evidencing each of the insurance policies and <br />endorsements thereto as required by this Section, and such certificates (or policies) shall provide <br />that at least thirty (30) days' prior written notice shall be provided to Beneficiary prior to the <br />expiration, cancellation or change in coverage under each such policy. <br />7.10.3 If any insurance policy required hereunder is canceled or the coverage <br />provided thereunder is reduced, Trustor shall, within five (5) days after receipt of written notice <br />of such cancellation or reduction in coverage, but in no event later than the effective date of <br />cancellation or reduction, file with Beneficiary a certificate showing that the required insurance <br />has been reinstated or provided through another insurance company or companies. Upon failure <br />to so file such certificate, Beneficiary may, without further notice and at its option, procure such <br />insurance coverage at Trustor's expense, and Trustor shall promptly reimburse Beneficiary for <br />such expense upon receipt of billing from Beneficiary. <br />7.10.4 The insurance policies required hereunder shall be issued by insurance <br />companies authorized to do business in the State of California with a financial rating of at least A <br />VII status as rated in the most recent edition of Best's Key Rating Guide. Each policy of <br />REV: 05-10-19 DZ <br />Page 8 of 24 <br />ATTY/AGR.2019.121/Redwood Oaks Associates 11 LP - Amended & Restated Deed 58 <br />
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