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PURCHASE MONEY HANDLING: The subdivider must impound all funds received from <br />you in an escrow depository until legal title is delivered to you. (Refer to <br />Section 11013.4(a) of the Business and Professions Code.) <br />CONDITIONS OF SALE: If your purchase involves financing, a form of deed of <br />trust and note will be used. These documents may contain the following infor- <br />mation: <br />An Acceleration Clause. This is a clause in a mortgage or deed of trust <br />which provides that if the borrower (trustor) defaults on the loan or sells <br />the property, the lender may declare the unpaid balance of the loan immedi- <br />ately due and payable. An Acceleration Clause triggered by sale of the <br />property is sometimes referred to as a due -on -sale clause. <br />The California Supreme Court has decided that neither state chartered institu- <br />tional lenders, nor private lenders can automatically enforce a due -on -sale <br />clause when the property subject to the deed of trust is sold. This enables <br />many persons to sell their homes to buyers who simply assume, or take subject <br />to, the existing loan. <br />The United States Supreme Court has held that a federally -chartered savings <br />and loan association which is the mortgagee or beneficiary under a mortgage <br />or deed of trust containing a due -on -sale clause may automatically enforce <br />the clause when the securing property is sold. If your purchase of a lot or <br />unit in this subdivision is financed by a loan from a federally -chartered <br />lender, you should not expect to be able to sell the property in the future <br />under an arrangement by which the buyer can assume and take subject to the <br />existing loan. If the federally -chartered savings and loan association does <br />not accelerate the loan, it is likely to insist upon modification of the <br />loans as a condition to permitting assumption by the buyer. <br />You may wish to obtain the advise of an attorney concerning the enforceability <br />of a due -on -sale clause before making this purchase or before any effort to <br />resell the property. <br />A Late Charge. This means that if you are late in making your installment <br />payments, you may have to pay an additional amount as a penalty. <br />A Prepayment Penalty. This means that if you wish to pay off your loan <br />in whole or in part before it is due, you may be required to pay an addi- <br />tional amount as a penalty in accordance with the terms of the loan. <br />BEFORE SIGNING, YOU SHOULD READ AND THOROUGHLY <br />UNDERSTAND ALL LOAN DOCUMENTS. <br />For further information in regard to this subdivision, you may call (916) 322- <br />2505 or examine the documents at the Department of Real Estate, 4433 Florin <br />Road, Suite 250, Sacramento, CA 95823. <br />0386/SST/ccm Page 4 of 4 File No. 020892SA-F00 <br />W <br />Y <br />