80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL

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3. Sale to Moderate Income Household. Wring the Affordability Period, the Note Amount will not become due and payable, and no Contingent Equity Participation Amount shall be required hereunder in connection with such sale, if Trustor sells or otherwise conveys the Property to a Moderate Income Household at are Affordable Housing Cost "Eligible Persons and Families"), and the purchaser assumes the Note and the Agreement by an assignment and aSSLI option agreement which is reasonably acceptable to the Beneficiary. For the Purposes of this Agency Deed of Trust, the Note, and the Agreement, "Moderate Income" and "Moderate Income Households" ni ans moderate income households as defined in Health & Safety Code Section 50093 3,1 Affoi ;dable Housing Cost - Moderate Income Household, "Affordable Housing Cost" shall be as defined in Health & Safety Code Section 50452.5 (or its successor statute) and the implementing regulations thereto pro mulgated by the Housing and Community Development Department of the State of California. Notwithstanding the provisions of this Section 3, if the Property is sold during the Affordability Period by the ` rustor to a Moderate Income a Ho usehold and the Sales Price does not exceed an "Affordable Housing Cost" to such Buyer, then so long as the Trustor is not in default (either Ownership Default or Maintenance Default) of the Agreement, this Note may be assunied by the eligible Buyer by an assignment and assumption agreement which is reasonably acceptable to the Beneficiary. Upon the effective slate of such assignment and assumption, the assigning Trust or shall no longer be liable for any further obligations under the Agreement, the Note or the Agency Deed of Trust that accrue after the date of such assignment and assumption. In order to verify the Buyer's status as a Moderate Income Household, the T'rustor shall submit to the Beneficiary the identity of the proposed Buyer and adequate information evidencing the income and household size of the proposed Buyer. Said income information shall be submitted together with the notice of proposed sale pursuant the Agreement not less than thirty days prior to opening of escrow for the proposed sale and shall include original or true copies of pay stubs, income tax records or other financial documents in order that the Holder may determine and verify the household income of the proposed Buyer to determine whether the Buyer is a Moderate Income Household, and whether the Property is being transferred to such Buyer at an Affordable Housing Cost. If the Molder is unable to verify the Buyer's ineotnle as provided herein prior to the proposed sale, then the Buyer's income shall be deemed to exceed the maximum allowable income limit for Eligible Persons and Families. Subordination. Except as provided otherwise herein, the provisions of the Agreement, the Notice of Affordability Restrictions, this Rider and Agency Deed of Trust, t, and the Affordable Housing Resale Restriction, and the obligations therein, shall be subordinate only to the First Lien on the Property held by the Lender and, if applicable, other loans as approved by the E xecutive Director, including lien instruments that secure other hornebtlyer purchase money and/or downpayment assistance, including without limitation City, State of California, or federal affordable housing programs, which liens shall not impair the rights of Lender, or Lender's assignee or successor in interest or the Agency, if applicable, to exercise their remedies under the First Lien in the evert of default under the First Lien by the Homeb yer. Such EXHIBIT C-7 TO ATTACHMENT No. f f To Deed ofTrUSt with Assignment of Dents Rider to Deed ofT'rUSt D OCSO 11 400673v 1 3/200272 -0001