Laserfiche WebLink
3. Repayment. The total amount of the principal and accrued interest owed under <br /> this Note shall immediately become due and payable: (i) in the event of a default by Borrower <br /> under this Note, the Deed of Trust, the Restrictive Covenants; or(ii) on the date a Transfer is <br /> made whether voluntarily, involuntarily, or by operation of law and whether by deed, contract of <br /> sale, give, devise, bequest or otherwise in violation of the Restrictive Covenants. Failure to <br /> declare such amounts due shall not constitute a waiver on the part of the City to declare them due <br /> in the event of a subsequent Transfer. <br /> Should the Borrower desire to sell the property during the term of this note, the City may, in its <br /> sole discretion elect to enable a buyer to assume the remainder of the mortgage on the original <br /> terms provided the buyer qualifies under the City of Pleasanton Home Ownership Program <br /> Guidelines in effect at the time of the purchase/assumption. Should the City elect not to enable <br /> an assumption of the mortgage, or if the buyer does not qualify as eligible under the City's <br /> Program Guidelines,then the Note becomes due and payable within thirty(30) days. <br /> Presentment, demand,protest and notice are hereby expressly waived by the undersigned. <br /> Should payment hereof not be made when due, the undersigned further promises to pay all costs <br /> of collections, including, without limitations, attorney fees, incurred by Holder in connection <br /> herewith. <br /> In case of default or non compliance with any of the terms of this loan hereto before, the <br /> undersigned shall pay additional interest at the rate of seven(7)percent per annum on the unpaid <br /> principal. <br /> The City shall forgive interest and principal due under this Note at the time of a Transfer, <br /> prepayment, or repayment of this Note to the extent necessary to ensure that the sum of: (a)the <br /> Borrower's obligations to repay the principal and interest due on this Note and on all promissory <br /> notes secured by deeds of trust superior to the deed of trust securing this Note, and(b)plus the <br /> amount of the Borrower's original down payment do not exceed the Maximum Sales Prices of <br /> the Property as defined in the Restrictive Covenants at the time of sale. <br /> 4. Transfer of Property Transfer is defined in Section 3 of the Restrictive <br /> Covenants. <br /> 5. Attorney Fees and Costs. Borrower agrees that if any amounts due under this <br /> Note are not paid when due, to pay in addition to principal and interest, all costs and expenses of <br /> collection and reasonable attorney fees paid or incurred in connection with the collection or <br /> enforcement of this Note, whether or not suit is filed. <br /> 6. Joint and Several Obligations. This Note is the joint and several obligation of all <br /> makers, sureties, guarantors and endorsers, and shall be binding upon them and their successors <br /> and assigns. <br /> 7. No Deficiency Judgment. This Note constitutes a portion of the unpaid balance of <br /> the purchase price of the Residence. Borrower shall have no personal liability for any deficiency <br /> DPA 2018-01 <br /> -2- <br />