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2. PROMISE TO PAY, For value received, Borrower promises to pay to the City, at its office at 20 Civic Center Plaza(M-30), Santa Ana, CA 92702, or at such other place as the Lender hereof may from time to time designate in writing,the Principal Amount together with interest thereon, and all other sums due wader and secured by the Deed of Trust. 3. SECURITY. This Note is secured by the City Deed of Trust. The holder of this Note will be entitled to the benefits of the security provided by the City Deed of Trust and will have the right to enforce the covenants and agreements of Maker contained therein and in the Affordable Housing Resale Restrictions 4. PAYMENTS. The City Equity Share is due upon a Transfer of the Property after expiration of the Affordability Term, or upon an event of Default. In the event any City Equity Share become due and payable hereunder or pursuant to the Affordable Housing Resale Restrictions, the City Equity Share shall be immediately due and payable hereunder. Failure to declare such amounts due in any instance shall not constitute a waiver on the part of the City to declare them due in the future. Maker will pay to City all suins owing under this Note without deduction, offset, or counterclaim of any kind. 5. DEFAULT RATE OF INTEREST. If City Equity Share payable to City pursuant to the Affordable Housing Resale Restrictions and this Note are not paid to City within ten (10) days of the due date thereof, then interest shall accrue on such sum at a rate equal to the lesser of eight percent (8%) interest per annum, compounded annually, or the maximum rate permitted by law. G. PREPAYMENT. This Note may not be prepaid in whole or in part. 7. TRANSFER. Maker shall not transfer, lease, sell, assign,refinance, encumber, convey or otherwise Transfer any interest in the Property without complying with all requirements of the Affordable Housing Resale Restrictions, Maker's failure to comply with the requirements of this paragraph shall be a Default wider this Note. 8. DEFAULT, The occurrence of any one or more of the following shall constitute an event of default ("Default") hereunder. 8.1 The occurrence of a breach of any of Maker's covenants, warranties, or representations under this Note, the City Deed of Trust, or the Affordable Housing Resale Restrictions, including without limitation, any unauthorized refinancing, sale, conveyance, lease, assignment, encumbrance, or other Transfer of the Property, Maker's failure to occupy the Property as Maker's principal residence, any failure to pay amounts payable pursuant to this Note, and Maker's failure to maintain insurance on the Property as required pursuant to the City Deed of Trust. 8.2 The entry of an order for relief under federal bankruptcy laws as to Maker or the adjudication of Maker as insolvent or bankrupt pursuant to the provisions of any state or federal Exhibit C Page 45 55394,00101\43721567.i