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ARA1993-07RESOLUTION NO. ARA 93-7 RF.~OLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR TO TAKE SUCH ACTIONS AS NECESSARY TO PROTECT THE AGENCY'S INTEREST IN CERTAIN DEEDS OF TRUST; AND ADOPTING POLICIES AND PROCEDURES RELATED THERETO WHEREAS, the Anaheim Redevelopment Agency ("Agency")is a California community redevelopment agency engaged in implementation of the Alpha, River Valley and Anaheim Plaza Redevelopment Projects; and WHEREAS, in the course of such implementation, Agency, among other things, makes loans secured by deeds of trust or receives deeds of trust to secure other obligations of developers and others; and WHEREAS, the Agency's portfolio of deeds of trust includes first deeds of trust as well as junior deeds of trust; and WHEREAS; from time to time the trustor under a deed of trust held by Agency defaults on its obligation to Agency or on an obligation secured by a senior deed of trust, thereby putting at risk Agency's junior deeds of trust; and WHEREAS; in such situations there are a variety of actions that may be taken by the beneficiary under a senior deed of trust, including foreclosure; by the trustor, including banla'uptcy; and by Agency, including reinstatement of the senior deed of trust and foreclosure of the junior deed of trust; in order to protect their respective interests, and a variety of responses to such actions; and WHEREAS, in these situations events can move at a pace that does not allow Agency staff sufficient time within which to obtain from Agency authorization for a particular action or response, the benefits of which would be clear, including without limitation, the expenditure of funds to reinstate a senior deed of trust loan or to bid at a foreclosure sale, where such expenditure is in good faith and for value as determined by an appraisal; and WHEREAS, it is in the best interest of Agency to authorize the Executive Director, in the context of a default by an obligor of Agency on an obligation secured by a deed of trust, or in the context of a default of an obligation secured by a deed of trust senior loan Agency deed of trust, to take such actions as the Executive Director deems reasonably necessary or desirable to protect the interest of the Agency; and WHEREAS, Agency staff has prepared a set of policies and procexlures to govern the actions of the Executive Director in such contexts (the "Policies and Procedures"), a set of which Policies and Procedures are attached to this Resolution as Exhibit "A". NOW, THEREFORE, BE 1T RESOL~ by the Anaheim Redevelopment Agency as follows: 1. That, subject to the conditions set forth below, the Executive Director is hereby authorized to take such actions as the Executive Director deems reasonably necessary or desirable to protect Agency's interest under deeds of trust held by Agency including, without limitation: (a) giving notice of default and such other notices as may be requirea to conduct a foreclosure sale; Co) expending funds to reinstate a senior deed or trust loan, to purchase a senior deed of trust loan, or to bid at a foreclosure sale, where such expenditure is in good faith and for value as determined by an appraisal; conducted; (c) conducting a foreclosure sale, or causing a foreclosure sale to be (d) expending such funds as are incidental to implementation by the Executive Director of the authority herein granted. 2. That the authority of the Executive Director herein shall be subject to the condition that the Executive Director notify Agency, orally or in writing, prior to the taking of any action authorized hereby, of such action taken. 3. That the Policies and Procedures are hereby adopted. of THE FOREGOING RESOLU~ON is approved and adopted by me this 11 th l~lay , 1993. day SECRETARY ANAHEIM REDEVELOPMENT AGENCY ANAHEIM REDEVELOPMENT AGENCY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA93-7 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 11th day of May, 1993, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution No. ARA93-7 on the 12th day of May, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 12th day of May, 1993. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL)