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RecDoc 612 Jefferson Ave. #403-
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RecDoc 612 Jefferson Ave. #403-
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10/26/2022 2:41:38 PM
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10/26/2022 2:41:14 PM
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Recorded Docs
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Agreement
Subject
612 Jefferson Ave. #403- Jose Gabriel Rodriguez
Rec Date
9/1/2022
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overdue Principal Payment Amount. The Borrower(s) will pay this late charge promptly, but only <br />once for each late payment. <br />(b) Default. If the Borrower(s) do not pay the full amount of each payment on the date it is due, the <br />Borrower(s) will be in default. <br />(c) Notice of Default. If the Borrower(s) are in default, the Note Holder may send the Borrower(s) a <br />written notice telling the Borrower(s) that if the Borrower(s) do not pay the overdue amount by a <br />certain date, the Note Holder may require the Borrower(s) to pay immediately the full amount of <br />principal amount of this Note which has not been paid and all the late charges that the Borrower(s) <br />owe. That date when the overdue amount must be paid must be at least 30 days after the date on <br />which the notice of default is delivered or mailed to the Borrower(s). <br />(d) No Waiver by Note Holder. Even if, at a time when the Borrower(s) are in default, the Note Holder <br />does not send a notice of default to the Borrower(s) or does not require that the Borrower(s) pay <br />immediately in full as described above, the Note Holder will still have the right to do so if the <br />Borrower(s) remain in default or are in default at a later time. <br />(e) Payment of Note Holder's Costs and Expenses. If the Note Holder has required the Borrower(s) to <br />pay immediately in full as described above, the Note Holder will have the right to be paid back by <br />the Borrower(s) for all of the Note Holder's costs and expenses in enforcing this Note to the extent <br />not prohibited by the applicable law. Those expenses can include, for example, reasonable <br />attorneys' fees. <br />8. SECURITY <br />This note is secured by a Deed of Trust against the property listed above. That Deed of Trust <br />describes how and under what conditions the Borrower(s) may be required to make immediate payment in <br />full of all amounts owed under this note. <br />In addition, the Borrower(s) have agreed to certain restrictions on the sale or transfer of the property <br />or any interest in it pursuant to the Resale Restriction Agreement. The Resale Restriction Agreement <br />contains specific restrictions regarding the sale or transfer of the property. If provisions of the Resale <br />Restriction Agreement are violated, the Note Holder may, at its option, require immediate payment in full of <br />all sums secured by the Deed of Trust. The Borrower(s) shall have the right to cure this default for a period <br />of 30 days from notice of default. <br />If the Note Holder exercises this option, the Note Holder shall give Borrower(s) written notice of <br />acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered <br />or mailed within which the Borrower(s) must pay all sums secured by the Deed of Trust. <br />9. NO FURTHER ENCUMBRANCES <br />Encumbering the property secured by the Deed of Trust which secures this Note with more than the <br />Habitat Deed of Trust, the Senior Deeds of Trust and the Deed of Trust which secures this Note is prohibited <br />and shall constitute a default of this Note; provided, however, Borrower(s) may encumber the property with <br />deeds of trust securing loans from the County of San Mateo, or any other Approved Junior Lien (as defined <br />in the Addendum to the Deed of Trust), provided such deeds of trust are subordinate to the Habitat Deed of <br />Trust and the Deed of Trust securing this Note. The Addendum to the Deed of Trust provides for rights and <br />remedies to the Lender if Borrower(s) violate this provision. <br />10. DUE ON SALE CLAUSE <br />The Addendum to the Deed of Trust which secures this Note provides that if all or any part of the <br />property or any interest in it is sold, conveyed, or transferred without the Note Holder's prior written consent, <br />the Note Holder may, at its option, require immediate payment in full of all sums secured by the Deed of <br />Trust. However, this option shall not be exercised by the Note Holder if exercise is prohibited by federal or <br />California law as of the date of the Deed of Trust. <br />REV: 07-26-22 SK <br />ATTY/AGR.2022.192/Habitat 612 Jefferson - 403 (09—HOME - Promissory Note (Rodriguez) HGSF) (Page 3 of 4) <br />
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