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4.1 At the conclusion of the fifth year after the execution of this Note, <br /> Borrower shall begin principal and interest payments on the Note as specified in Section 1.0. <br /> Any payment of principal and /or interest shall not result in the proportion of the Borrower's <br /> income applied toward monthly housing costs, which include principal and interest on any <br /> first mortgage loan, private mortgage insurance, homeowner insurance, homeowners <br /> association fees and property taxes, exceed 38 percent of the Borrower's annual income. In <br /> the event that the required principal and /or interest payment due results in monthly housing <br /> costs in excess of 38% of the Buyer's annual income, the principal and /or interest payment <br /> due will be adjusted to an amount that will result in an income to housing cost ratio of 38 <br /> percent. However, Lender shall have the option to allow deferral of interest and /or principal <br /> payments or to allow partial payment of interest and /or principal payments as specified in <br /> Section 1.0 beyond the initial waiver period if necessary to address a financial hardship as <br /> determined by the City Manager. The method and amount of partial payment or length of <br /> additional deferment shall be determined by the Lender. <br /> 4.2 If, as determined by the initial two year review as stated in Section 4.0, <br /> the Borrower has acquired residential real property in addition to the Property or if the ratio <br /> of the Borrower's current housing costs to the Borrower's current gross monthly income has <br /> decreased by more than ten (10) percentage points below that ratio of housing costs to gross <br /> income which existed at execution of the Note, the Borrower shall be required to commence <br /> interest payments on the Note. At the time of the execution of this Note, the Borrower's <br /> monthly gross income is $2096 and Borrower's monthly housing expenses in accordance with <br /> Section 5 Program Eligibility of the City of Pleasanton Homeownership Assistance Program <br /> (PHAP), Deed of Trust are $671. Housing expense as a percentage of Borrower's monthly <br /> income is 34 %. <br /> As part of this review, Borrower shall provide documentation of income <br /> including the most recent year's tax returns and pay stubs from the three months preceding <br /> the review within thirty (30) days after the two and five year period as stated above. Failure <br /> to provide documentation with the thirty (30) day period will, at the discretion of the City <br /> Manager, result in an acceleration of payments due. <br /> 4.3 Any time the services of an appraiser or other appropriate professional <br /> are required by this Note, the Borrower shall use an appraiser or other professional approved <br /> by Lender and pay for the services of such appraiser or professional. <br /> 4.4 The purchase price shall be the price paid by the Borrower to the seller <br /> for the Property which secures this promissory note. The sales price shall be the price paid <br /> by the purchaser to the Borrower for the Property which secures this promissory note. Both <br /> purchase price and sales price shall mean the price on which the transfer tax is paid; except <br /> if the purchaser assumes existing loans or buys the Property subject to existing loans, the <br /> principal amount owing on such existing loans shall be added to the price on which the <br /> transfer tax is paid in determining the sale price. <br /> - 4 - <br />