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Form 0r.,, -ly
<br />C. Advances by the City.
<br />advanced by the City for the payment of
<br />homeowner's association fees and/or associate
<br />inspections, resale inspections, fixing violations
<br />codes, and other expenses related to the Prop
<br />become delinquent.
<br />Exhibit A
<br />to Performance Deed of Trust
<br />A decrease in an amount equal to the sum of all costs
<br />mortgages, taxes, assessments, insurance premiums,
<br />d late fees, costs, penalties, interest, attorneys' fees, pest
<br />of applicable building, plumbing, electric, fire, or other
<br />erty, which Owner has failed to pay or has permitted to
<br />d. Adjusted Resale Price Not to Exceed Affordable Housing Cost. The Base Resale
<br />Price as adjusted, is hereinafter referred to as the "Adjusted Resale Price." Notwithstanding any other
<br />provision hereof to the contrary, in no event shall the Adjusted Resale Price exceed the Affordable Housing
<br />Cost.
<br />13. Priority and Effectiveness of the Option.
<br />a. Recordation. This Agreement shall be recorded in the Office of the Recorder of
<br />the County of Alameda prior to any sale, conveyance, transfer or other disposition of the Property, or of any
<br />estate or interest therein, by Owner. The Option shall have priority over any subsequent sale, conveyance,
<br />transfer, lease, or other disposition or encumbrance of the Property, or of any estate or interest therein, and
<br />in the event of exercise of the Option by City, the City shall take the Property subject only to senior liens
<br />and encumbrances. Except as otherwise provided in Section 14(a), the exercise of the Option by the City
<br />at any time and from time to time shall not extinguish the Option or cause a merger of the Option into any
<br />estate or other interest in the Property, and the Option shall continue to exist and be effective with respect
<br />to the Property against any and all subsequent owners in accordance with the terms and conditions hereof.
<br />b. Request for Notice of Default. The City shall file a Request for Notice of Default
<br />for recordation in the Office of the Recorder of the County of Alameda promptly upon execution of this
<br />Agreement.
<br />14. Survival of Option Upon Transfer.
<br />a, In General. The City's right to exercise the Option shall survive any transfer of the
<br />Property by Owner. The Option may be exercised against the Property whether owned, possessed or
<br />occupied by (i) an eligible moderate income purchaser, (ii) any successor, transferee, assignee, heir,
<br />executor, or administrator of an eligible moderate income purchaser, including a debtor-in-possession,
<br />debtor or trustee pursuant to Title 11 of the United States Code, or (iii) any person owning, possessing or
<br />occupying the Property who does not meet the eligibility criteria established by the City under the Program
<br />(collectively all referred to and defined herein as "Owner"). Notwithstanding the foregoing, the Option shall
<br />not survive (1) the sale and transfer of the Property to a third party purchaser pursuant to a judicial or non -
<br />judicial foreclosure or a deed -in -lieu of foreclosure under a power of sale contained in a mortgage or deed
<br />of trust recorded against the Property in the Office of the Recorder of the County of Alameda on or prior to
<br />the date of this Agreement, provided that the City has received timely notice of such Option event and has
<br />failed to either reinstate said mortgage or deed of trust or exercise its Option, or (2) the recording of an
<br />instrument conveying Owner's interest in the Property to the City, or its assignee, provided the conveyance
<br />is in accordance with the terms of this Agreement.
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