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~" -'''--~ ~ . . RECORDED AT THE REQUEST OF PLACER TITLE CO.# 801- qO~J1 <~{j--~~ (m.'..v:~, ~~~) 200709(4~~1 ......03/06/2007 08:30 AM \,Vrifl.j p~~Ri~~L Of~~~Z~~(lOF AL f;Ml'Dk COUN 1 Y ',<'~;:;..';r RECORDING FEE: " 00 Recording Requested by and when Recorded, return to: City of San Leandro Mail Tax Statements to: City of San Leandro ~~ ; 111"1'1"1: III" II' 11'11'1' , il , I', I; ii'i I' 'I' 'I · 1'1'1 . ',"" . : II II/, [I ,II 'i II: I,: I Ii I: I'll Ii : i I Ii Ii ,! iii. :I!: !i !i rl:li lilli illl: IIili iill illl30 ~i\f\ 1:0 ) J fA,A City of San Leandro 835 E. 14th Street San Leandro, California 94577 Attn: Community Development Director EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE 6103,27383 APN 075-0120-079-00 (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) PERFORMANCE DEED OF TRUST (Option to Cure and Purchase Agreement) THERE ARE RESTRICTIONS ON THE SALE OF THE PROPERTY YOU ARE BUYING. EXCEPT FOR A TRANSFER TO THE CITY OF SAN LEANDRO (THE "CITY") FOLLOWING CITY'S EXERCISE OF ITS OPTION TO PURCHASE, THIS PROPERTY MAY ONLY BE SOLD TO AN ELIGIBLE HOUSEHOLD AT A PRICE NOT TO EXCEED THE ADJUSTED RESALE PRICE WHICH IS CAPPED AT AN AFFORDABLE HOUSING COST. This PERFORMANCE DEED OF TRUST ("Deed of Trust") is entered into as of close of escrow date, 2007, between Maria Mojarro and Aracely Garcia ("Trustor") whose address is 1107 Davis Street, San Leandro, CA 94577, in favor of Placer Title Company ("Trustee"), for the benefit of the CITY OF SAN LEANDRO ("Beneficiary") whose address is 835 E. 14th Street, San Leandro, CA 94577. RECITALS WHEREAS, Beneficiary and Trustor have entered into a Resale Restriction Agreement dated close of escrow date, 2007, and attached hereto as Exhibit A (the "Resale Restrictions"), pursuant to which Beneficiary promised, among other things, to only sell to a low- or moderate- income purchaser qualified pursuant to the City's Inclusionary Housing Program ("Eligible Household") at a price not to exceed the adjusted resale price capped at an affordable housing cost. AGREEMENT NOW, THEREFORE, to secure the full and timely performance by Trustor of the Secured Obligation, it is agreed as follows: 1. Placement into Trust. a. Trustor, in consideration of the obligations referred to below and the trust hereby created, irrevocably grants, transfers, conveys, and assigns to trustee, in trust, with power of sale, 3