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as provided in paragraph 19, by causing the action or proceeding to be dismissed with a <br />ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's <br />interest in the Property or other material impairment of the lien created by this Security <br />Instrument or Lender's security interest. Borrower shall also be in default if Borrower, <br />during the loan application process, gave materially false or inaccurate information or <br />statements to Lender (or failed to provide Lender with any material information) in <br />connection with the loan evidenced by the Note, including, but not limited to, <br />representations concerning (i) Borrower's occupancy of the Property as a principal <br />residence and (ii) Borrower's income. <br />The Borrower shall not, without the Lender's prior written consent, agree to the <br />abandonment or termination of any conditions, covenants, or restrictions placed upon the <br />Property, any change in the percentage interest of owners in the common areas and <br />facilities of the residence, or the termination of professional management, if any , and <br />assumption of any self-management of the residence. <br />The Borrower acknowledges that this Property is subject to certain use and <br />occupancy restrictions as evidenced by a separate agreement recorded with the County <br />Recorder's Office of the County of San Mateo, limiting the Property's use to "low and <br />moderate income housing" within the meaning of the First Time Homebuyer Program. <br />The use and occupancy restriction limit the Borrower's ability to rent the Property. The <br />violation of any use and occupancy restrictions may, if not prohibited by federal law, <br />entitle the Lender to the remedies provided in Section 23 hereof. <br />8. Protection of Lender's Rights in the Property. If Borrower fails to perform the <br />covenants and agreements contained in this Security Instrument, or there is a legal <br />proceeding that may significantly affect Lender's rights in the Property (such as a <br />proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or <br />regulations), then Lender may do and pay for whatever is necessary to protect the value of <br />the Property and Lender's rights in the Property. Lender's actions may include paying any <br />sums secured by a lien which has priority over this Security Instrument (including sums <br />secured by the First Deed of Trust), appearing in court, paying reasonable attorneys' fees <br />and entering on the Property to make repairs. Although Lender may take action under <br />this paragraph 8, Lender does not have to do so. <br />Any amounts disbursed by Lender under this paragraph 8 shall become additional <br />debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree <br />to other terms of payment, these amounts shall bear interest from the date of disbursement <br />at the rate of 10% per annum and shall be payable, with interest, upon notice from Lender <br />to Borrower requesting payment. <br />Prior to taking any actions under this Section 8, however, Lender shall notify the <br />Senior Lien Holder under the First Deed of Trust of such default in the manner provided <br />in Section 23 of this Security Instrument, and shall provide the Senior Lien Holder under <br />the First Deed of Trust with the opportunity to cure any such default under this Security <br />IIIlllllllllllll �;`:"s�m;"' <br />