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Agreement ment or of the City Deed of Trust until the: Excess Sales Proceeds are paid to the <br />City. The City shall utiliie the Excess Sales, Proceeds for City affordable housing <br />programs. The -Owner and the City acknowledge that the formula for calculation : of the <br />amount of Excess Sales Proceeds due from the Owner to theCity is intended to cause the <br />Owner: to receive the same :net sales proceeds (following payment by Owner of a standard <br />broker's commission) from sale of the Home at an unrestricted price to an, Market <br />Purchaser as the Owner would receive from sale of the Home to the City or to anUigible <br />Purchaser at the Maximum Allowable Sales Price. <br />13. DEFAULTS <br />A. The following events shall constitute a Default by the Owner under this <br />Agreement: <br />(1) The City determines. that the Owner has made a m , isrepresentation to <br />obtain the benefits of purchase of the Home or in connection'with its obligations under this <br />Agreement; <br />(2) The Owner fails to occupy the Home, as,required pursuant to Section 3 <br />above, and such failure continues following written notice by the City and sixty (60) days <br />opportunity to cure following the date of such notice; <br />(3) The Owner rents the Home in violation of Section 3B above, and sucli <br />failure continues following written notice by the City and sixty (60) days' opportunity to <br />cure; <br />(4) The Owner fails to provide information to the City necessary to <br />determine Owner's compliance with the requirements of this Agreement; <br />(5) The Owner makes a Transfer in violation of this Agreement; <br />(6) The Owner otherwise fails to comply with the requirements of this <br />Agreement and such violation is not corrected to the satisfaction of the City within ten (10) <br />days after the date of written notice by the City to the Owner of such violation; <br />(7) A notice of default is issued under the First Lender Loan, or other <br />financing secured by the Home; <br />(8) A lien is recorded against the Home other than the lien of a bona fide <br />mortgage loan; <br />(9) Owner places a mortgage on the Home- in violation of Section 23 <br />below; <br />(10) Owner declares bankruptcy or makes an assignment of assets for the <br />benefit of creditors; or <br />REV: 06-30-22 SK <br />(11) Owner defaults tinder the City Deed of Trust. <br />ATrY/AGR.2022.166/Hugo Alberto Zarco Vargas & Andrea Vargara Cardenas (Page 15 of 40) <br />