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PROMISSORY NOTE SECURED BY DEED OF TRUST <br />$ Santa Ana, California <br />Date: <br />Property Address: Street, Santa Ana, CA 9270 <br />FOR VALUE RECEIVED, the undersigned (the "Maker" or <br />"Homebuyer") promises to pay to the CITY OF SANTA ANA, a public body, corporate and <br />politic (the "Holder") at 20 Civic Center Plaza, Santa Ana, California 92701, or at such other <br />address as the Holder may direct from time to time in writing, the sums specified in the terms <br />and provisions of this Promissory Note as the "Note Amount". <br />1. Loan Agreement. This Promissory Note Secured by Deed of Trust (this "Note") <br />is made and delivered pursuant to and in implementation of the Homebuyer Loan. Agreement <br />entered into by and between the Holder and the Maker dated concurrently herewith <br />("Agreement'), a copy of which is on file as a public record with the Holder. The Agreement is <br />incorporated herein by this reference. The Maker acknowledges that but for the execution of this <br />Note, the Holder would not enter into the Agreement or make the loan contemplated therein. <br />Unless definitions of terms have been expressly set out at length herein, each term shall have the <br />same definition as set forth in the Agreement. <br />2. Term. The term of the Note shall be forty-five (45) years from the Homebuyer <br />Loan Date ("Term"), <br />3. Note Amount. The sums due and payable pursuant to the terms and provisions of <br />this Note consists of the Homebuyer Loan Amount (the "Note Amount"). Maker shall pay to the <br />City the principal amount of Dollars ($.) (the "Homebuyer Loan <br />Amount"), with zero percent (0%) interest thereon. [The Homebuyer Loan Amount shall be <br />determined as the difference between the Affordable Sates Price and the fair market value of the <br />Property, as determined in. accordance with the Homebuyer Loan Agreement and the Regulatory <br />Agreement Imposing Affordable Housing Covenants and Restrictions (Density Bonus), which <br />restricts the sale and resale of Affordable Units.] <br />4. Homebuyer Loan Amount; Interest Deferred Until Acceleration. The <br />Homebuyer Assistance Loan Amount shall accrue zero percent (0%) interest unless and until an <br />event of acceleration occurs as set forth in Section 6. <br />5. Homebuyer Loan Amount; Time of Payment. In the event that the Homebuyer <br />Loan Amount does not become due and payable prior to the forty-fifth (45`11) Anniversary <br />("Maturity Date") as set forth below in Section 6, the full amount of the Promissory Note shall <br />be considered mature and the obligation to pay shall be extinguished as of the Maturity Date. <br />6. Acceleration. The whole of the Note Amount and all other payments due <br />hereunder and under the Agreement shall become due and be immediately payable to the Holder <br />by the Maker upon the occurrence of any one of the following events of acceleration: <br />Exhibit D <br />