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or operation of any part of it , and unless due solely to the willful misconduct or gross negligence <br /> of City, shall not be responsible for any dangerous or defective condition of the Property or any <br /> negligence in the management,repair or control of the Property. <br /> 13. Default.An event of default("Default")shall arise hereunder upon the occurrence <br /> of any one or more of the following and the expiration of any applicable cure period: <br /> a. Trustor fails to occupy the Property as Trustor's principal residence; <br /> b. The sale, conveyance, encumbrance, refinance, assignment, or other <br /> transfer of the Property including without limitation,the lease or rental of the Property in violation <br /> of the Affordable Housing Resale Restrictions; <br /> C. An event of default arises under the Note or the Affordable Housing Resale <br /> Restrictions, and such default remains uncured following the expiration of any applicable cure <br /> period; <br /> d. Trustor fails to pay when due any sum payable pursuant to the Note, the <br /> Affordable Housing Resale Restrictions or this Deed of Trust; <br /> e. The Property is refinanced or encumbered in violation of the Affordable <br /> Housing Resale Restrictions or this Deed of Trust; <br /> f. Trustor fails to maintain insurance on the Property as required by the <br /> Affordable Housing Resale Restrictions and this Deed of Trust, <br /> g. Subject to Trustor's right to contest the following charges, Trustor fails to <br /> pay prior to delinquency taxes or assessments due on the Property or fails to pay when due any <br /> other charge that may result in a lien on the Property, and Trustor fails to cure such default within <br /> twenty (20) days of date of delinquency, but in all events prior to the tune that the holder of such <br /> lien has the right to pursue foreclosure thereon; <br /> h. Trustor declares bankruptcy or mares an assignment of assets for the benefit <br /> of creditors, or an order for relief is entered under federal bankruptcy laws as to Trustor, or Trustor <br /> is adjudicated as insolvent or bankrupt pursuant to the provisions of any state or federal insolvency <br /> or bankruptcy, or Trustor consents to, acquiesces in, or attempts to-secure the appointment of, any <br /> receiver for all or any substantial part of the Property; <br /> L The occurrence of an event of default under any loan secured by the <br /> Property and the continuance of such default beyond the expiration of all applicable cure periods <br /> such that the holder of such loan has the right to accelerate such loan. <br /> j. Trustor fails to observe or perform any other covenant, condition, or <br /> agreement to be observed or performed by Trustor pursuant to the Note, the Affordable Housing <br /> Resale Restrictions or this Deed of Trust. <br /> Page 55 <br /> Exhibit D <br /> 5 5394.00 101\43721567.1 <br />