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4. Home bu e r Assistance Doan Amount; Interest Deferred n til Acceleration. <br />The Homebu er Assistance Loan Amount shall accrue zero percent (0%) interest unless and <br />u n til an even t of acceleration oc cu rs as set forth in S cc ti on 6, in which eve n t a C o n t i ngen t Equ i t <br />Particip ation Amou n t as de scrub ed i n S ec tion 7 s h al 1 b cc om a du a and pay able b y the M aker. <br />5. Homeb u er Assistance Donn Amount; Time of Payment and Forgiveness. <br />No repayment of the Homebu er Assistance Loan Amount shall be required unless and until the <br />Dote Amount becomes due and payable, as provided in subparagraph f below. In the event that <br />the Homebu er Assistance Loan Amount does not become due and payable prior to the <br />forty -fifth 4th Anniversary of the date of this Promissory Note, the full amount of the <br />Promissory Dote shall b e forgiven, and there shall be no further obligations hereunder. <br />Acceleration. The whole of the Note Amount and all other payments du <br />hereunder and under the Agreement shall become due and be immediately a ab le to the Holder <br />by the Faker upon the occurrence of any one of the following events of acceleration; <br />(a) the sale or transfer of the Property or any part thereof) by any means, <br />including, without limitation, the lease* exchange or otter disposition of the Property or any <br />interest therein, whether voluntary or involuntary, except A a sale of the Property to a qualified <br />Moderate Income Household at an Affordable Housing Cost with the Agency's prior written <br />approval accomphshed in strut conformity with Section 4 of the Agreement, or the transfer <br />of the Property solely as a result o f the marriage, Ali orc , incompetence or death of one or more <br />individuals constituting the H meh u }per, so long as the transferees give written notice <br />supported by reasonable evidence of such event to the Agency within thirty days of its <br />occurrence and the transferce s assume(s) the Homebu er's obligations under the Agreement, <br />by execution of an assignment and assumption agreement to he provided by the Agency, or a <br />sale or transfer which under federal lair would not by itself, p erm.i t the Acrency to exercise a due <br />on sale or due on encumbrance clause; <br />(b) the Maker refinances any purchase money lien or encumbrance to which <br />the Agency Deed of Trust is subordinate (each such lien, a "First Lien" ) for a loan amount in <br />excess of the then current loan balance secured by such lien or encumbrance and loan closing <br />costs; and/or <br />(c) the Baker (and all co- signors and co-mortgagors, if an fails to own and <br />occupy the Property as their principal residence pursuant to Section 7 of the Agreement or is in <br />Ownership D fau It as defined in Section 18 of the Agreement. <br />At the request of the Maker, and for a specific occasion, the Holder mar, in its <br />sole and absolute discretion, ire writing waive the requirements of these subparagraphs and defer <br />repayment and/or extend the term of this mote. Any waiver or deferment shall be on a case by <br />case basis, and no future rights for waiver or deferment shall arise or he implied. <br />Notwithstanding the foregoing, the Maker may, upon prior written approval by the Holder, <br />refinance any First Dien for a loan amount equal to or less than the then current loan balance <br />secured by such First Lien. <br />EXMIT B-2 TO ATTACHMENT ISO. 11 <br />Promissory Dote <br />ISO O 1400673 v 14/20027 2-0001 <br />