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9 4190350 <br /> Together with all the improvements now or hereafter erected on the property and all <br /> easements, rights, appurtenances, rents (subject however to the rights and authorities given in <br /> this Deed of Trust to Lender to collect and apply such rents), royalties, mineral, oil and gas <br /> rights and profits, water, water rights, and water stock, and all fixtures now or hereafter <br /> attached to the property, all of which including replacements and additions thereto, shall be <br /> deemed to be and remain a part of the property covered by this Deed of Trust; and all of the <br /> foregoing, together with said property are referred to in this Deed of Trust as the <br /> "Property"; <br /> TO SECURE to Lender (a) the repayment of the indebtedness evidenced by <br /> Borrower's note dated April 26, 1994 and incorporated by reference in this Deed of Trust, <br /> (the "Note ") in the principal sum of Nine Thousand Nine Hundred Ninety Dollars, <br /> ($9,990.00), plus contingent interest on the principal sum in the amount and on the terms <br /> described in Section I.A. of the Note; the payment of all other sums, with interest thereon, <br /> advanced to protect the security of this Deed of Trust; and the performance of the covenants <br /> and agreements of the Borrower contained in this Deed of Trust and in the Note; and (b) the <br /> repayment of any future advances, with interest thereon, made to Borrower by Lender <br /> pursuant to Section 25 of this Deed of Trust ( "Future Advances "). <br /> Borrower covenants that Borrower is lawfully seised of the estate conveyed by this <br /> Deed of Trust and has the right to grant and convey the property, that with the exception of <br /> a prior deed of trust securing a loan in the principal amount of $84,912, the Property is <br /> unencumbered, and that Borrower will warrant and defend generally the title to the Property <br /> against all claims and demands, subject to any declarations, easements or restrictions listed in <br /> a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest <br /> of the Property. <br /> Borrower and Lender covenant and agree as follows: <br /> 1. Payment of Principal and Interest. Borrower shall promptly pay when due the <br /> principal of and interest on the indebtedness evidenced by the Note, and late charges as <br /> provided in the Note, and the principal of and interest on any Future Advances secured by <br /> this Deed of Trust. <br /> The Note contains the following provisions concerning repayment of the loan under <br /> certain conditions: <br /> Borrower(s) acknowledges that this Note is given in connection with the <br /> purchase of the Residence as part of a program of the City to assist in <br /> the purchase of homes by low and moderate income persons. <br /> Consequently, this Note is not automatically assumable, but is subject <br /> to Section 711.5 of the California Civil Code which allows the City to <br /> accelerate all amounts due under this Note if any subsequent sale or <br /> transfer of the Residence of any kind does not comply with the <br /> - 2 - <br />