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default until thirty (3o days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Notwithstanding the foregoing, for purposes of acceleration of the Homebu er Assistance Loan, payment of the Note Amount including tie Contingent Equity Participation Amount, or initiation of foreclosure proceedings, there shall be a distinction between the types of default hereunder, including an "Ownership Default'' and a "`Maintenance Default". 17.1 Ownership Default. The term "Ownership wn rship D of au lt" means the failure of the Homebuy r to perform any action or covenant required by the Affordable Housing Resale Restriction related to ownership, owner-occupancy, lien priority} and restrictions on sale and resale of the Property, subject t notice and an opportunity to cure as set forth herein. A default of any ohliga do n secured by the First Lien shall be a cross-default and also constitute an Ownership Default. 17.2 Maintenance Default. The term "Maintenance Default's means the failure of the Horn hu y r to perform any action or covenant required by the Affordable Housing Resale Restriction relating to a "Maintenance Deficiency," including the ongoing upkeep!, maintenance, and use of the Property in a decent, safe, sanitary, clean, and neighborly manner} subject to notice and an opportunity to cure as set forth herein (and expressly excluding an Ownership Default). 180 Remedies. dies. The Agency shall be entitled to all legal and equitable remedies available under the law upon the default of the terms of this Agreement by the Homebuyer. Such remedies nay include, without limitation, a specific performance of the terms of this Agreement, b disgorgement o f any amount of consideration received for the Property that exceeds an Affordable Housing Cost, and/or an order to pay attorneys" fees, as set forth in Section 30. 19. Ton- Waiver. Failure to exercise any right the Agency may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default. 0. Documents. The Ho meb uy r is aware that the Agency has prepared certain documents to implement the Program and secure repayment of the Horne h u firer Assistance L o an. The Hom buy r has reviewed and agrees to execute the following do c u m nt s in substantially the forma as attached hereto prior to receiving the Hom hu y r Assistance Loan, and any other documents reasonably required by the Agency or a participating entity to complete the transaction contemplated herein: a. Promissory Mote; b. Agency Deed of Trust; e. Affordable Housing Resale Restriction; do Reimbursement Agreement, subs tan t iall in the form of Exhibit "F" � attached hereto and fully incorporated b this reference; ATTACHMENT NO. 11 -1 4 Form of Hornehuy r Loan Aerreement ISO O 1400673 141200272 - 1