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between the types of default hereunder, including an "Ownership Default" and a "Maintenance <br />Default." The term "Ownership Default" means the failure of Homebuyer to perform any action <br />or covenant required by the Affordable Housing Resale Restriction related to ownership, owner- <br />occupancy, lien priority, and restrictions on sale and resale of the Property subject to the notice <br />and opportunity to cure provisions set forth herein. A default of any obligation secured by the <br />First Lien shall be a cross-default and also constitute an Ownership Default. The term <br />"Maintenance Default" means the failure of Homebuyer to perform any action or covenant <br />required by Restriction relating to a "Maintenance Deficiency," including the ongoing upkeep, <br />maintenance, and use of the Property in decent, safe, sanitary, clean, and neighborly manner, <br />subject to the notice and opportunity to cure provisions set forth herein (and expressly excluding <br />an Ownership Default). <br />"Developer" means , a <br />"First Lien" means the lien of the institution making the purchase money mortgage loan <br />to Homebuyer for the purchase of the Property. <br />"Homebuyer" means the person or persons set forth in the first paragraph of this <br />Restriction, and their successors and assigns. <br />"Legal Description" means the legal description of the Property which is attached hereto <br />as Attachment No. 1 and incorporated herein. <br />"Moderate Income" and "Moderate Income Households" means moderate income <br />households as defined in Health & Safety Code Section 50093. <br />"Notice of Intent to Transfer" means the Notice of Intent to Transfer attached hereto as <br />Attachment No. 2 and incorporated herein by reference. <br />"Permitted Transfer" means any Transfer which is permitted pursuant to Section 4 <br />hereof. <br />"Prohibited Transfer" means any Transfer which is not permitted pursuant to Section 4 <br />hereof. <br />"Property" means that certain real property located at the street address set forth in <br />Recital A and legally described in the Legal Description. <br />"Purchase Agreement" means that certain agreement pursuant to which Homebuyer has <br />agreed to purchase the Property from the Developer. <br />"Reimbursement Agreement" means the Reimbursement Agreement to be executed by <br />Homebuyer in favor of the Agency, in the form attached hereto as Attachment No.4 and <br />incorporated herein. <br />"Request for Approval of Proposed Transferee" means the Request for Approval of <br />Proposed Transferee attached hereto as Attachment No. 2 and incorporated herein. <br />EXHIBIT D-3 TO ATTACHMENT NO. I I <br />Affordable Housing Resale Restriction <br />nocsaa1400673v iai2oo272-0001