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<br />>- <br />cod <br />Qu <br />/=::!4.I <br />~g <br />BSd <br />a::: -.I <br />C'.!:lco <br />~~ <br />QUJ <br />c:::C::: <br />OQ <br /><:..J ....... <br />~o <br /> <br />\~ <br /> <br />Recorded at the Request of <br />, Old Republic Title Company <br />hll9ntclalr <br />\ n {p0(l)i-Lt8'tR -Lyv\ <br />Recording ~equested by <br />and when Recorded, return to: <br />City of San Leandro <br />Mail Tax Statements to: <br />City of San Leandro <br /> <br /> <br />2007196719 OS/23/2007 08:30 AM <br />OFFICIAL RECORDS OF ALAMEDA COUNTY <br />PATRICK O'CONNELL <br />RECORDING FEE: 0.00 <br /> <br />m 11m m II m m 11\1 <br /> <br />28 PGS <br /> <br />City of San Leandro <br />835 E. 14th Street <br />San Leandro, California 94577 <br />Atln: Community Development Director <br /> <br />rr-oy <br />~ar <br /> <br />EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE <br />6103,27383 <br /> <br />APN 076-0446-011-00 <br /> <br />(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) <br /> <br />PERFORMANCE DEED OF TRUST <br />(Option to Cure and Purchase Agreement) <br /> <br />THERE ARE RESTRICTIONS ON THE SALE OF THE PROPERTY YOU ARE BUYING. <br />EXCEPT FOR A TRANSFER TO THE CITY OF SAN LEANDRO (THE "CITY") FOLLOWING <br />CITY'S EXERCISE OF ITS OPTION TO PURCHASE, THIS PROPERTY MAY ONLY BE SOLD <br />TO AN ELIGIBLE HOUSEHOLD AT A PRICE NOT TO EXCEED THE ADJUSTED RESALE <br />PRICE WHICH IS CAPPED AT AN AFFORDABLE HOUSING COST. <br /> <br />This PERFORMANCE DEED OF TRUST ("Deed of Trust") is entered into as of April 24, <br />2007, between Tina R. Lambert ("Trustor") whose address is 1017 Greenbrier Court, San <br />Leandro, CA 94577, in favor of Old Republic Title Company ("Trustee"), for the benefit of the <br />CITY OF SAN LEANDRO ("Beneficiary") whose address is 835 E. 14th Street, San Leandro, CA <br />94577 . <br /> <br />RECITALS <br /> <br />WHEREAS, Beneficiary and Trustor have entered into a Resale Restriction Agreement <br />dated April 24, 2007, and attached hereto as Exhibit A (the "Resale Restrictions"), pursuant to <br />which Beneficiary promised, among other things, to only sell to a moderate-income purchaser <br />qualified pursuant to the City's Inclusionary Housing Program ("Eligible Household") at a price not <br />to exceed the adjusted resale price capped at an affordable housing cost. <br /> <br />AGREEMENT <br /> <br />NOW, THEREFORE, to secure the full and timely performance by Trustor of the Secured <br />Obligation, it is agreed as follows: <br /> <br />1. Placement into Trust. <br /> <br />a. Trustor, in consideration of the obligations referred to below and the trust hereby <br />created, irrevocably grants, transfers, conveys, and assigns to trustee, in trust, with power of sale, <br />Trustor's fee interest in and to that real property located in the County of Alameda, State of <br />