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Sale to Moderate Income Household. During the Affordability Period, the o to Amount will not become due and payable, and no Contingent Equity Participation Amount shall be required hereunder in connection with such sale, if Tm for sells or otherwise conveys the Property to a Moderate Income Household at an Affordable Housing Cost ("Eligible Persons and Families"), and the purchaser assumes the Note and the Agreement by an assignment and assumption agreement which is reasonably acceptable to the Beneficiary. For the purposes of this Agency Deed f Trust, the Dote, and t h Agreement, " Io d erate Income" and "Moderate Income Households *} means moderate income households as defined in Health & Safety Code Section 50093 391 Affordable Mousing Cost - Moderate Income Household, "Affordable Housing Cost*' shall be as defined in Health & S afety Code Section 50052. (or its successor s tatu t and the implementing regulations thereto promulgated by the Housing and C ommunity Dev lopmen t Department of the S tate of California. Notwithstanding the provisions of this Section 3, if the Property is sold during the Affordability Period by the Tru s for to a Moderate Income Household and the Sales Price does not exceed an "Affordable Housing Cost" to such Buyer, then so long as the Tru s for is not in default (either Ownership Default or Maintenance Default) of the Agreement, this Mote may he assumed by the eligible Buyer by an assignment and assumption agreement which is reasonably acceptable to the Beneficiary. Upon the effective date of such assignment and assumption, tie assigning Tru for shall no longer be liable for any further obligations under the Agreement, the Dote or the Agency Deed of Trust that accrue after the date of such assignment and assumption. In order to verify the Buyer's status as a Moderate Income Household, the Tru s for shall submit to the Beneficiary the identity of the proposed Buyer and adequate information evil encin g the income and household size of the proposed Buyer. Said income information shall he submitted together with the notice of proposed sale pursuant the Agreement not less than thirty days prior to opening of escrow for the proposed sale and shalt include original or true copies of pay stubs, income tax records or other financial documents in order that the Holder may de tenmine and verify the household income of the proposed Buyer to determine whether the Buyer is a Moderate Income Household, and whether the Property is being transferred to such Buyer a t an Affordable Housing Cost. If the Holder is unable to verify the Buyer's income as provided herein prior to the proposed sale, then the B u er" s income shall be. deemed to exceed the maximum allowable income limit for Eligible Persons and Families. 4. Subordination. Except as provided otherwise herein, the provisions of the Agreement, the Notice of Affordability Restrictions, this Rider and Agency Deed of Trust, and the Affordable Housing Resale Restriction, and the obligations therein, shalt be subordinate only to the First Lien on the Property Meld by the Lender and, if applicable, other loans as approved by the Executive Di ree tor, including lien instruments that secure other home hu er purchase money andJor downpa ment assistance, including without limitation City, State of Califomia, or federal affordable housinar programs, which liens shall not impair the rights of Leader, or Lender's assignee or successor in interest or the Agency, if applicable, to exercise their remedies under the First Lien in the event of default under the First Lien by the Homebuyer. Such B IIB IT C-7 TO ATTA HMIE1 'T NO. 11 To Deed of Trust with Assignment of Rents Rider to Deed of Trust DOCS 00 1400673v 14/200272 -000 1