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E. The Regulatory Agreement also provides (among other provisions) that: (i) Trustor <br />is obligated to notify Beneficiary of Trustor's intent to sell the Property and (ii) Beneficiary has <br />an option to purchase the Property under the Regulatory Agreement prior to the issuance of a <br />certificate of occupancy for the Affordable Development. <br />NOW, THEREFORE, to secure the full and timely performance by Trustor of Secured <br />Obligations (defined in Section 2.3 below), it is agreed as follows: <br />ARTICLE 1: <br />DEFINITIONS <br />Section 1.1 Definitions. In=addition to the terms defined elsewhere in this Deed of <br />Trust, the following terms have the following meanings in this Deed of Trust: <br />(a) "City Documents" means this Deed of Trust, the Regulatory Agreement, <br />and the Irrevocable Offer to Dedicate. <br />(b) "Irrevocable Offer to Dedicate" means that certain Irrevocable Offer to <br />Dedicate between Trustor and Beneficiary, recorded in the Official Records against the <br />Developer's fee interest of the Property as Document No. , recorded on <br />20 . <br />(c) "Regulatory Agreement" means that certain Regulatory Agreement and <br />Declaration of Restrictive Covenants that will be recorded in the Official Records against the <br />Developer's fee interest of the Property upon the Close of Escrow. <br />ARTICLE 2: <br />AGREEMENT AND SECURITY <br />Section 2.1 Incorporation by Reference. The recitals are incorporated herein by this <br />reference. <br />Section 2.2 Grant In Trust. Trustor, in consideration of the promises herein recited and <br />the trust herein created, hereby irrevocably and unconditionally grants, transfers, conveys and <br />assigns to Trustee, in trust for the benefit of Beneficiary, with power of sale, all estate, right title <br />and interest which Trustor now has or may later acquire in and to the Property, described in the <br />attached Exhibit A, together with all of the following: <br />(a) all improvements now or hereafter located or constructed on the Property <br />and all replacements and additions thereto ("Improvements"); <br />(b) all easements, rights of way, appurtenances and other rights used in <br />connection with the Property or as a means of access thereto ("Appurtenances"); <br />(c) all fixtures now or hereafter attached to or used in and about the Property or <br />the improvements located thereon or hereafter located or constructed on the Property, and all <br />ATTY/AGR/2024.193.1— AFFORDABLE HOUSING LAND DONATION AGREEMENT— EXHIBIT H —DEED OF TRUST & SECURITY AGR <br />REV: 10-22-24 VR <br />Page 2 of 15 <br />