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pursuant to a foreclosure sale, the Transferee must pay to <br />the City the City Share of Excess Proceeds, which is set at <br />fifty percent (50%) of the difference between the Affordable <br />Sales Price and the Net Resale Proceeds received from the <br />sale of the Incluslonary Unit, <br />iii. Any resale or transfer of the Incluslonary Unit in violation of <br />the Inclusionary Housing Covenants Declaration shall be <br />voidable by the City. <br />d. The Transferee is not permitted to refinance a Senior Loan that is <br />secured by the Property for more than the outstanding principal <br />amount of that Senior Loan plus the customary fees and costs <br />associated with obtaining the new Senior Loan. <br />a. The Inclusionary Unit is subject to the Project CC&Rs, The <br />Transferee acknowledges and agrees that it is obligated to comply <br />With all of the terms, conditions, covenants and restrictions set forth <br />in the Project CC&Rs, <br />3. The City hereby consents to the transfer of the Inclusionary Unit to the <br />Transferee under a Permitted Transfer as defined in the I ncluslonary <br />Housing Covenants Declaration. <br />4. All questions with respect to the interpretation of this Assumption <br />Agreement, and the rights and liabilities of the parties hereto, shall be <br />governed by the laws of the State of California. <br />5. This Assumption Agreement shall inure to the benefit of, and shall be <br />binding upon, the assigns, successors in interest, personal <br />representatives, estates, heirs and legatees of each of the parties hereto. <br />6. The Transferee hereby grants to the City an irrevocable power of attorney <br />coupled with an interest to act an Buyers behalf to execute, acknowledge <br />and deliver any and all documents relating to the City's Purchase Option <br />under Article 3 — Section 11 of the Inclusionary Housing Covenants <br />Declaration, <br />Executed on 1, 20—, at Santa Ana, California. <br />[Signatures on Following Pages] <br />-------------- <br />ndusionarry Housing Cavunpflls Declaration Pago <br />Al 5wiplion Aojrvon-mnI .January 2015 <br />32A -117 <br />