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Affordable Sales Price for Low Income households will be the product of 30% times 65% of the <br />Area Median Income adjusted for family size appropriate for the unit. For Moderate Income <br />households, the Affordable Housing Cost will be the product of 35% times 100% of the Area <br />Median Income, adjusted for family size appropriate for the unit. <br />(b) Prior to any resale of the Property, Owner shall provide Notice to <br />the City, as provided above. <br />(c) If the Property is sold to a low or moderate income household, the <br />Deed of Trust from Owner to any such proposed purchaser shall restrict the use of the Subject <br />Property to owner occupancy, and shall restrict subsequent resales of the subject Property to a <br />Qualified Purchaser, at an Affordable Sales Price, who agree to occupy the Property as their <br />principal place of residence. This restriction shall continue to apply for the entire period of <br />affordability. <br />4. Severability. The provisions of this Deed of Trust, including without limitation, <br />shall be deemed independent and severable, and a determination of invalidity or partial invalidity <br />or unenforceability of any one provision or portion hereof by a court of competent jurisdiction <br />shall not affect the validity or enforceability of any other provisions hereof. <br />5. Covenants Run with the Land. Notwithstanding any other provision of law, these <br />terms, conditions and requirements shall run with the land and shall constitute an encumbrance <br />upon the Property, and shall be binding upon the Owner, the Owner's heirs, executors, <br />administrators, successors, transferees and assigns, and all parties having or acquiring any right, <br />title or interest in or to any part of the Property. Any attempt to transfer title to any interest in <br />violation of the terms hereof shall be voidable at the election of the City. <br />ARTICLE II. MAINTENANCE OF THE PROPERTY <br />Maintenance. The Trustor agrees that at all times prior to the date upon <br />which the Loan Amount has been fully repaid to the Beneficiary and all other obligations the <br />performance of which is secured by this Deed of Trust have been satisfied (the "Expiration <br />Date") the Trustor will, at the Trustor's own expense, maintain, preserve and keep the Property <br />or cause the Property to be maintained, preserved and kept in a condition substantially similar to <br />other residential property similar in size, character, and quality to the Property consisting only of <br />those uses allowed by the Agreement. The Trustor will make or cause to be made all repairs, <br />replacements and renewals deemed proper and necessary by Trustor. The Beneficiary shall have <br />no responsibility in any of these matters or for the making of improvements or additions to the <br />Property. Owner, or its successor or assigns, shall maintain the Property in compliance with all <br />applicable housing quality standards, and all applicable local code requirements, and shall keep <br />the Property free from any unreasonable accumulation of debris or waste materials. <br />ARTICLE III. TAXES AND INSURANCE; ADVANCES <br />1. Taxes, Other Governmental Charges and Utility Char es. Trustor shall pay, or <br />cause to be paid, prior to delinquency, all taxes, assessments, charges and levies imposed by any <br />public authority or utility company which are or may become a lien affecting the Security or any <br />part thereof; provided, however, that Trustor shall not be required to pay and discharge any such <br />