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$40,000.00 <br />PROMISSORY NOTE SECURED BY DEED OF TRUST <br />San Leandro, California <br />A. FOR VALUE RECEIVED of Forty Thousand Dollars ($40,000) <br />the undersigned, DEAF COUNSELING, ADVOCACY AND REFERRAL AGENCY <br />(DCARA), a California nonprofit corporation, promises to pay to <br />the City of San Leandro, a municipal corporation, a dollar amount <br />equal to the future value of the Loan in 1994 dollars when this <br />Promissory Note becomes due. The base for computing the future <br />value of the 1994 dollars shall be the Consumer Price Index for <br />All Urban Consumers for the San Francisco -Oakland Bay Area <br />published by the U.S. Dept. of Labor, Bureau of Labor Statistics <br />(Index) which is published for the date nearest the date of the <br />commencements of the term of this Promissory Note. <br />This Promissory Note shall be due and payable in lawful <br />money of the United States of America upon the occurrence of any <br />of the following events: <br />1. DEAF COUNSELING, ADVOCACY AND REFERRAL AGENCY (DCARA), <br />sells, conveys, alienates or otherwise transfers any <br />interest in the property including any Capital <br />Improvements thereto or thereon, provided that this <br />Promissory Note shall not be due and payable if DEAF <br />COUNSELING, ADVOCACY AND REFERRAL AGENCY (DCARA), <br />encumbers its interest in the property as security for <br />any Capital Improvement loan where such proceeds are to <br />be used solely to improve the DEAF COUNSELING, ADVOCACY <br />AND REFERRAL AGENCY (DCARA), facilities located in San <br />Leandro, California and where such facilities are used <br />in part to benefit low- and moderate -income residents <br />of San Leandro; or <br />2. DEAF COUNSELING, ADVOCACY AND REFERRAL AGENCY (DCARA), <br />leases the property, or any portion thereof, to any <br />other person or entity, provided that the Promissory <br />Note shall not be due and payable solely because <br />Trustor leases portions of the property to any <br />governmental entity or to any non-profit association, <br />as defined by United States Internal Revenue Code <br />§ 501(c)(3), and such entity or association uses the <br />property for services which benefit low- and moderate - <br />income residents. <br />3. DEAF COUNSELING, ADVOCACY AND REFERRAL AGENCY (DCARA), <br />ceases to provide services at the property which <br />benefit low- and moderate -income residents. (For <br />purposes of this Promissory Note a low- to moderate - <br />income household is defined as a household whose <br />combined annual income from all members does not exceed <br />eighty percent (80%) of the median annual income, <br />adjusted by household size, for the Oakland <br />metropolitan area as defined by the U.S. Department of <br />1 <br />