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major expenses. Agency may approve or disapprove such request in its sole discretion, and may <br />require as a condition of approval that Homebuyer only rent the Property to Eligible Moderate <br />Income Households at an affordable rent (as defined in Section 50053 of the California Health & <br />Safety Code.) Agency acknowledges that the occupancy standard is occupancy by two (2) <br />persons per living and sleeping area. Homebuyer shall, upon demand by Agency, submit to <br />Agency an affidavit of occupancy verifying Homebuyer's compliance with this Section 10. Such <br />affidavit may be required by Agency on an annual basis. <br />11. Effect of Violation of the Terms and Provisions of this Restriction. <br />a. In General. The covenants established in this Restriction shall, without <br />regard to technical classification and designation, be binding for the benefit and in favor of <br />Agency, its successors and assigns, as to those covenants which are for its benefit. The <br />covenants contained in this Restriction shall remain in effect for the periods of time specified <br />herein. The covenants against discrimination shall remain in effect in perpetuity. Agency is <br />deemed the beneficiary of the terms and provisions of this Restriction and of the covenants <br />running with the land, for and in its own rights and for the purposes of protecting the interests of <br />the community and other parties, public or private, in whose favor and for whose benefit this <br />Restriction and the covenants running with the land have been provided. This Restriction and <br />the covenants herein shall run in favor of Agency, without regard to whether Agency has been, <br />remains or is an owner of any land or interest therein in the Property or in the Project Area. <br />Agency shalt have the right, if the Restriction or covenants are breached, to exercise all rights <br />and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings <br />to enforce the curing of such breaches to which it or any other beneficiaries of this Restriction <br />and covenants may be entitled. <br />b. Acceleration. The whole of the Note Amount (as defined in <br />Section 1.2.b. of the Loan Agreement) and all other payments due under the Homebuyer <br />Assistance Loan shall become due and immediately payable to Agency by Homebuyer upon the <br />occurrence of any one of the following events of acceleration: <br />(i) Homebuyer, in Homebuyer's sole discretion, elects to Transfer the <br />Property for a price in excess of an Affordable Housing Cost, and Transfers the Property; <br />(ii) Homebuyer makes a Prohibited Transfer of title to or any interest <br />in the Property in violation of this Restriction; <br />(iii) Homebuyer refinances any lien or encumbrance to which Agency <br />Deed of Trust is subordinate (each such lien, a "First Lien") for a loan amount in excess of the <br />then current loan balance secured by such lien or encumbrance and loan closing costs; <br />(iv) Homebuyer fails to occupy the Property as Homebuyer's principal <br />residence pursuant to Section 7 of the Loan Agreement or is in Default of any other obligation <br />under the Loan Agreement; <br />(v) Homebuyer has an Ownership Default violating any affordable <br />housing terms or provisions of this Restriction. <br />EXHIBIT D-9 TO ATTACHMENT NO. 11 <br />Affordable Housing Resale Restriction <br />DOCSOC11400673041200272-000 k