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<br />ATTY/RESO.0020/CC RESO APPROVING AMENDMENTS TO HPP GUIDELINES – EXHIBIT B <br />REV: 05-04-26 LF <br />Page 41 of 86 <br />(b) payment of such further sums as the then record owner of the Property may borrow from <br />Beneficiary, when evidenced by a promissory note or notes reciting that they are secured by this <br />Deed of Trust; and (c) performance of each agreement and obligation of Trustor under that certain <br />Loan Agreement executed by Trustor and Beneficiary dated ______________, 20__ (the “Loan <br />Agreement”), providing for [the acquisition and rehabilitation of improvements on the Property <br />and operation of the Property and [for Expiring Covenant Loans, delete highlighted phrase] <br />improvements thereon as affordable housing (the “Project”); and (e) obligations under the <br />Regulatory Agreement and Declaration of Restrictive Covenants, Conditions and Restrictions <br />Restricting Use of Property for Affordable Housing, dated of even date herewith (the “Regulatory <br />Agreement”) recorded against respective portions of the Property on even date with this Deed of <br />Trust. The payment of the amount owing pursuant to the terms of the Note by Trustor does not <br />extinguish the rights of the Beneficiary under the Regulatory Agreement. This Deed of Trust shall <br />secure the Beneficiary against any default under the Regulatory Agreement for the term of the <br />Regulatory Agreement. <br />2. Maintenance and Repair. Trustor shall (a) keep the Property in good condition <br />and repair and not remove or demolish any building; (b) complete or restore promptly and in good <br />and workmanlike manner any building which may be constructed, damaged or destroyed; (c) pay <br />when due all claims for labor performed and materials furnished; (d) comply with all laws affecting <br />the Property or requiring any alterations or improvements to be made; (e) not commit or permit <br />waste; and (f) cultivate, irrigate, fertilize, fumigate, prune, and do all other acts which from the <br />character or use of the Property may be reasonably necessary. <br />3. Insurance. Trustor shall maintain hazard insurance against loss by fire, hazards <br />included with the term “extended coverage,” and any other hazards for which Beneficiary requires <br />insurance, and liability insurance as set forth in the Loan Agreement and Regulatory Agreement. <br />The insurance carrier and the insurance policies and amounts of coverage shall comply with the <br />terms of the Loan Agreement and Regulatory Agreement or shall otherwise be acceptable to <br />Beneficiary, the policies shall name Beneficiary as a loss payee or an additional insured, as <br />applicable, the policies shall include Beneficiary as an additional insured, as applicable. <br />4. Defense of Security. Trustor shall appear in and defend any action or proceeding <br />purporting to affect the security or the rights or powers of Beneficiary or Trustee. Trustor shall <br />pay all costs and expenses, including costs of evidence of title and attorneys’ fees, in any such <br />action or proceeding in which Trustee or Beneficiary may appear, and in any suit brought by <br />Beneficiary to foreclose this Deed of Trust. <br />5. Payment of Taxes and Liens. Trustor shall pay (a) at least 10 days before <br />delinquency, all non-abated taxes and assessments affecting the Property, including water stock <br />assessments; (b) when due, all encumbrances, charges, and liens, with interest, on the Property, <br />which are or appear to be prior or superior to this Deed of Trust; and (c) upon demand all <br />reasonable and documented costs, fees, and expenses of this Deed of Trust. If Trustor fails to <br />make any payment or to do any act provided for in this Deed of Trust after written notice of such <br />failure by Beneficiary and a reasonably opportunity to cure, then Beneficiary or Trustee may, <br />without obligation to do so, and with or without notice to or demand upon Trustor, and without <br />releasing Trustor from any obligation under this Deed of Trust: (a) make or do the same in such <br />manner and to such extent as either may deem necessary to protect the security, Beneficiary or