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affecting the Property or requiring any alterations or improvements to be made thereon. Trustor
<br />shall not commit or permit waste thereof, and shall not commit or permit any act upon the Property
<br />in violation of applicable laws. Trustor will comply with all applicable laws, ordinances and
<br />governmental regulations affecting the Property or requiring any alteration or improvement
<br />thereof, and will not suffer or permit any violations of any such law, ordinance or governmental
<br />regulation, nor of any covenant, condition or restriction affecting the Property including, as
<br />applicable, but not limited to Sections 92.252 and 92.254 of the Code of Federal Regulations Title
<br />24 (24 CFR Part 92). If there arises a condition in contravention of this Section, and if the Trustor
<br />has not cured such condition within thirty (30) days after receiving a notice from City of such a
<br />condition, then in addition to any other rights available to City, City shall have the right (but not
<br />the obligation) to perform all acts necessary to cure such condition, and to establish or enforce a
<br />lien or other encumbrance against the Property to recover its cost of cure.
<br />9. Transfer. Trustor shall not transfer, lease, sell, assign, refinance, encumber or
<br />convey any interest in the Property without complying with all requirements of the HOME
<br />Program Regulatory Agreement. The residential units constructed on the Property may only be
<br />sold to Eligible Households at Affordable Price as defined in, and in accordance with, the HOME
<br />Program Regulatory Agreement.
<br />10. Assi went of Rents. Trustor hereby irrevocably, absolutely, presently and
<br />unconditionally assigns to City the rents, issues, revenue and profits of the Property. This is an
<br />absolute assignment and not an assignment for security only. Subject to the limitations on lease
<br />or rental of the Property as set forth herein and in the HOME Program Regulatory Agreement, City
<br />hereby confers upon Trustor a license to collect and retain such rents, issues, revenue and profits,
<br />as they become due and payable prior to any Default hereunder. Upon the occurrence of any such
<br />Default, City may terminate such license without notice to or demand upon Trustor and without
<br />regard to the adequacy of any security for the indebtedness hereby secured, and may either in
<br />person, by agent, or by a receiver to be appointed by a court, enter upon and take possession of the
<br />Property or any part thereof, and sue for or otherwise collect such rents, issues, and profits,
<br />including those past due and unpaid, and apply the same, less costs and expenses of operation and
<br />collection, including reasonable attorneys' fees, to any indebtedness secured hereby, and in such
<br />order as City may determine. City's right to the rents, issues, revenue and profits of the Property
<br />does not depend upon whether or not City takes possession of the Property. The entering upon and
<br />taking possession of the Property, the collection of such rents, issues, revenue and profits, and the
<br />application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder
<br />or invalidate any act done pursuant to such notice. If a Default occurs while City is in possession
<br />of all or part of the Property and/or is collecting and applying rents as permitted under this Deed
<br />of Trust, City, Trustee and any receiver shall nevertheless be entitled to exercise and invoke every
<br />right and remedy afforded any of them under this Deed of Trust and at law or in equity, including
<br />the right to exercise the power of sale granted hereunder. Regardless of whether or not City, in
<br />person or by agent, takes actual possession of the Property, City shall not be deemed to be a
<br />"mortgagee in possession," shall not be responsible for performing any obligation of the lessor
<br />under any lease, shall not be liable in any manner for the Property, or the use, occupancy,
<br />enjoyment or operation of any part of it, and unless due solely to the willful misconduct or gross
<br />negligence of City, shall not be responsible for any dangerous or defective condition of the
<br />Property or any negligence in the management, repair or control of the Property.
<br />Deed of Trust Securing Performance
<br />1619\01\3026818.1
<br />SF #4828-5596-4108 v3
<br />REV: 05-19-2021 SK
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