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(b) "Excess Sales Proceeds" shall have the meaning set forth in Section 3 <br /> of the Restrictive Covenants. <br /> (c) "First Lender Loan" shall mean that loan evidenced by a deed of trust <br /> (collectively the "First Lender Deed of Trust")executed by Borrower to secure the promissory <br /> note (collectively the "First Lender Note") executed by Borrower to assist in the purchase of <br /> the Property. <br /> (d) "Property" shall mean the dwelling and the real property on which the <br /> dwelling is located, which secure the deed of trust executed in connection with this City Note <br /> E. P. of even date herewith, and as defined the Restrictive Covenants. <br /> (e) "Restrictive Covenants" shall mean the Restrictive Covenants, Resale <br /> Restrictions, and Option to Designate Eligible Purchasers, "ANDARES" RESIDENTIAL <br /> CONDOMINIUM UNIT 70 - TRACT MAP 8246, CONDOMINIUM BUILDING 13 - 1985 <br /> Taboada Lane, Pleasanton, CA 94588, executed by Borrower of even date herewith. <br /> (f) "Transfer" shall have the meaning set forth in Section 3 of the <br /> Restrictive Covenants. <br /> 2. Payments. In the event any Excess Rental Proceeds or Excess Sales <br /> Proceeds become due and payable under Section 2 or Section 3 of the Restrictive <br /> Covenants, such amounts shall be immediately due and payable hereunder. Any amounts <br /> due under this City Note E. P. shall be due and payable in full on the date of any Transfer of <br /> the Property. Failure to declare such amounts due shall not constitute a waiver on the part <br /> of the City. <br /> 3. Security. This City Note E. P. is secured by a deed of trust dated the same <br /> date as this City Note E. P. (the "City Deed of Trust E. P."). Borrower and City have also <br /> executed the Restrictive Covenants the same date as this City Note E. P.. <br /> 4. No Assumption of City Note E. P. by Subsequent Buyers. Borrower <br /> acknowledges that this City Note E. P. is given in connection with the purchase of the <br /> Property as part of a program of the City to assist in the purchase of homes by moderate, <br /> low, or very low income households. Any Excess Rental Proceeds and/or Excess Sales <br /> Proceeds due under this City Note E. P. and under Section 2 and Section 3 of the Restrictive <br /> Covenants are due and payable at Transfer. Consequently, this City Note E. P. shall not be <br /> assumable by subsequent purchasers nor by the successors and assigns of the Borrower. <br /> 5. Default and Acceleration. The Borrower shall be in default under this City Note <br /> E. P. if he or she is in default under the Restrictive Covenants. Upon the occurrence of a <br /> default under this City Note E. P., the full amount of any Excess Rental Proceeds or Excess <br /> Sales Proceeds due under the Restrictive Covenants shall be immediately due and payable. <br /> 6. Indemnity. Borrower agrees to defend, indemnify, and hold City, the City of <br /> Pleasanton, and their employees, agents, officers, board members and/or council members <br /> harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and <br /> reasonable attorneys fees that City may incur as a direct or indirect consequence of: <br /> 2 <br />