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DRAFT
<br /> made thereon. Trustor shall not commit or permit waste thereof, and shall not commit or permit
<br /> any act upon the Property in violation of applicable laws. Trustor will comply with all applicable
<br /> laws, ordinances and governmental regulations affecting the Property or requiring any alteration
<br /> or improvement thereof, and will not suffer or permit any violations of any such law,ordinance or
<br /> governmental regulation, nor of any covenant, condition or restriction affecting the Property. If
<br /> there arises a condition in contravention of this Section, and if the Trustor has not cured such
<br /> condition within thirty (30) days after receiving a notice from City of such a condition, then in
<br /> addition to any other rights available to City, City shall have the right (but not the obligation) to
<br /> perform all acts necessary to cure such condition, and to establish or enforce a lien or other
<br /> encumbrance against the Property to recover its cost of cure.
<br /> 10. Occupancy.Trustor shall occupy the Property as Trustor's primary residence, and
<br /> the Property shall be used as the primary residence of Trustor and Trustor's household and for no
<br /> other purpose. The Property shall not be leased or rented by Trustor to any person or entity other
<br /> than as expressly permitted by the Affordable Housing Resale Restrictions or consented to by City
<br /> in writing. The City shall have the right to monitor whether the Property is owner-occupied by
<br /> requesting that Trustor provide City with a written certification under penalty of perjury that the
<br /> Property is owner-occupied,accompanied by supporting documentation reasonably satisfactory to
<br /> the City,
<br /> 11. Transfer. Trustor shall not allow any Further Encumbrance or Transfer of the
<br /> Property (as such terms are defined in the Affordable Housing Resale Restrictions) any without
<br /> complying with all requirements of the Affordable Housing Resale Restrictions.
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<br /> 12. Assisinment of Rents. Trustor hereby irrevocably, absolutely, presently and
<br /> unconditionally assigns to City the rents, issues; revenue and profits of the Property. This is an
<br /> absolute assignment and not an assignment for security only. Subject to the limitations on lease or
<br /> rental of the.Property as set forth herein and in the Affordable Housing Resale Restrictions, City
<br /> hereby confers upon Trustor"a license to collect and retain such rents, issues, revenue and profits,
<br /> as they become due and payable prior to any Default hereunder. Upon the occurrence of any such
<br /> Default,.City may terminate such license without notice to or demand upon Trustor and without
<br /> regard to the adequacy of any security for the indebtedness hereby secured, and may either in
<br /> person,by agent,-or by a receiver to be appointed by a court, enter upon and take possession of the
<br /> Property or any part thereof, and sue for or otherwise collect such rents, issues, and profits,
<br /> including those past due and unpaid,and apply the same, less costs and expenses of operation and
<br /> collection, including reasonable attorneys' fees, to any indebtedness secured hereby, and in such
<br /> order as City may determine. City's right to the rents, issues, revenue and profits of the Property
<br /> does not depend upon whether or not City takes possession of the Property.The entering upon and
<br /> taking possession of the Property, the collection of such rents, issues, revenue and profits, and the
<br /> application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder
<br /> or invalidate any act done pursuant to such notice. If a Default occurs while City is in possession of
<br /> all or part of the Property and/or is collecting and applying rents as permitted under this Deed of
<br /> Trust, City, Trustee and any receiver shall nevertheless be entitled to exercise and invoke every
<br /> of Trust and at law o r in equity, includin
<br /> right and remedy afforded any of them under this Deed g
<br /> the right to exercise the power of sale granted hereunder. Regardless of whether or not City, in
<br /> person or by agent, takes actual possession of the Property, City shall not be deemed to be a
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<br /> Exhibit D
<br /> 55394.00 1 01\43423 340.1
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