Department of Developmental Services

Community Placement Plan Program

Agreement to Provide Notice and Cure Rights
[address of property]

This Agreement to Provide Notice and Cure Rights (this “Agreement”), dated as of _____________, is entered into by ______________________ (“Lender”) for the benefit of [name of Regional Center], a California nonprofit corporation (the “Regional Center”) and the California Department of Developmental Services, a public agency of the State of California (“DDS”). This Agreement is entered into in accordance with the following facts:

A. [Name of property owner], a [type of entity, e.g., California corporation] (“Borrower”) is currently in escrow to purchase the property commonly known as _____________________, California (the “Property”).

B. Borrower desires to obtain a $____________ loan from Lender (the “Loan”) in order to purchase the Property. The Loan will be secured by a deed of trust that will encumber the Property in favor of Lender (the “Trust Deed”). The Lender’s Trust Deed, secured note and other loan documents are hereinafter collectively referred to as the “Loan Documents”.

C. Borrower has also requested the Regional Center to contribute funds to assist Borrower in purchasing the Property. The Regional Center is only willing to contribute such funds if, among other things, (1) Borrower executes and records a Restrictive Covenant in favor of the Regional Center and DDS (which instrument will be junior in priority to Lender’s Trust Deed) (the “Deed Restriction”) and (2) Lender executes and delivers this Agreement to the Regional Center by not later than one business day before the close of escrow.

NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, Lender hereby agrees as follows:

Notice of Default; Cure Rights. Lender shall notify the Regional Center and DDS in writing, at the addresses stated on Exhibit “A”, by certified mail, when Borrower defaults under or breaches any of the Loan Documents (the “Notice of Default”). The Lender may, but is not obligated to, use the statutory Notice of Default form under Civil Code §2924c as the Notice of Default to comply with this Agreement. Lender shall mail the Notice of Default to DDS and the Regional Center within two business days after Lender mails the Notice of Default to Borrower. DDS and the Regional Center shall each have the right, but not the obligation, to cure the Borrower’s default. Lender will provide updated itemized statements of the amounts owed by Borrower on request, and Lender will accept any tender of funds from DDS or the Regional Center to cure such default.

Executed at _________________, California as of the date first written above.

[Name of Lender] By: Name: Title:

EXHIBIT “A”

ADDRESSES FOR NOTICE

REGIONAL CENTER:

_________________ Regional Center

Attn: ____________________

[Address of Regional Center]

[Regional Center’s Phone Number]

DDS:

State of California

Department of Developmental Services

Attn: Director of the Department

MS 2-13

P. O. Box 944202

Sacramento, CA 94244-2020