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Agenda Packet_2024-07-16 (Revised)
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Agenda Packet_2024-07-16 (Revised)
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Clerk of the Council
Date
7/16/2024
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EXHIBIT 2 <br /> EXHIBIT D <br /> The term default also includes an Ownership Default and a Maintenance Default as more fully <br /> defined and described herein. Notwithstanding the foregoing for purposes of acceleration of the <br /> Homebuyer Loan, or initiation of foreclosure proceedings there shall be a distinction between the <br /> types of default hereunder, including an "Ownership Default" and a"Maintenance Default." The <br /> term "Ownership Default" means the failure of Homebuyer to perform any action or covenant <br /> required by the Affordable Housing Resale Restriction related to ownership, owner-occupancy, <br /> lien priority, and restrictions on sale and resale of the Property subject to the notice and <br /> opportunity to cure provisions set forth herein. A default of any obligation secured by the First <br /> Lien shall be a cross-default and also constitute an Ownership Default. The term "Maintenance <br /> Default" means the failure of Homebuyer to perform any action or covenant required by <br /> Restriction relating to a "Maintenance Deficiency," including the ongoing upkeep, maintenance, <br /> and use of the Property in decent, safe, sanitary, clean, and neighborly manner, subject to the <br /> notice and opportunity to cure provisions set forth herein (and expressly excluding an Ownership <br /> Default). <br /> "Developer" means Habitat for Humanity of Orange County, a non-profit public benefit <br /> corporation. <br /> "First Lien" means the lien of the institution making the purchase money mortgage loan <br /> to Homebuyer for the purchase of the Property. <br /> "Homebuyer" means the person or persons set forth in the first paragraph of this <br /> Restriction, and their successors and assigns. <br /> "Legal Description"means the legal description of the Property which is attached hereto <br /> as Exhibit A and incorporated herein. <br /> "Low Income" and "Low Income Households" means low income households as <br /> defined in Health& Safety Code Section 50079.5. <br /> "Notice of Intent to Transfer" means the Notice of Intent to Transfer attached hereto as <br /> Exhibit B and incorporated herein by reference. <br /> "Permitted Transfer" means any Transfer which is permitted pursuant to Section 4 <br /> hereof. <br /> "Prohibited Transfer" means any Transfer which is not permitted pursuant to Section 4 <br /> hereof. <br /> "Property" means that certain real property located at the street address set forth in <br /> Recital A and legally described in the Legal Description. <br /> "Purchase Agreement"means that certain agreement pursuant to which Homebuyer has <br /> agreed to purchase the Property from the Developer. <br /> "Request for Approval of*Proposed Transferee" means the Request for Approval of <br /> Proposed Transferee attached hereto as Exhibit B and incorporated herein. <br /> 3 <br /> EXHIBIT B <br /> City Council 12 — 87 7/16/2024 <br />
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