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HABITAT FOR HUMANITY OF ORANGE COUNTY (4)
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HABITAT FOR HUMANITY OF ORANGE COUNTY (4)
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Last modified
9/5/2024 9:29:07 AM
Creation date
8/6/2024 12:17:19 PM
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Contracts
Company Name
HABITAT FOR HUMANITY OF ORANGE COUNTY
Contract #
A-2024-098
Agency
Planning & Building
Council Approval Date
7/16/2024
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D. Homebuyer is a Low Income Household, as that term is defined in this <br />Restriction. <br />E. Homebuyer has represented to City that Homebuyer and Homebuyer's household <br />intend to reside in the Property as Homebuyer's principal residence at all times during <br />Homebuyer's ownership of the Property. <br />NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: <br />1. Definitions <br />"Affordability Period" means that period of time commencing upon the Date of this <br />Restriction and terminating on the forty-fifth (45th) anniversary of such date. <br />"Affordable Housing Cost" means the purchase price for Moderate Income Households <br />pursuant to California Health & Safety Code Section 50052.5, the implementing regulations of <br />Sections 6920, 6924 and 6930 of Title 25 of the California Code of Regulations for Moderate <br />Income Households <br />Notwithstanding the provisions of this Restriction, if the Property is sold during the <br />Affordability Period by Homebuyer to a Low Income Household, and the Sales Price does not <br />exceed an "Affordable Housing Cost" to such Buyer, then so long as the Maker is not in default <br />(either Ownership Default or Maintenance Default) of the Agreement, the Note may be assumed <br />by the eligible Buyer by an assignment and assumption agreement that is reasonably acceptable <br />to City. Upon the effective date of such assignment and assumption, the assigning Homebuyer <br />shall no longer be liable for any further obligations under the Loan Agreement or this Restriction <br />that accrue after the date of such assignment and assumption. In order to verify the Buyer's <br />status as a Low Income Household, Homebuyer shall submit to the City the identity of the <br />proposed Buyer and adequate information evidencing the income and household size of the <br />proposed Buyer. Said income information shall be submitted together with the notice of <br />proposed sale pursuant to Section 2 of the Loan Agreement not less than thirty (30) days prior to <br />opening of escrow for the proposed sale and shall include original or true copies of pay stubs, <br />income tax records or other financial documents in order that the City may determine and verify <br />the household income of the proposed Buyer to determine whether the Buyer is a Low Income <br />Household, and whether the Property is being transferred to such Buyer at an Affordable <br />Housing Cost, If the City is unable to verify the Buyer's income as provided herein prior to the <br />proposed sale, then the Buyer's income shall be deemed to exceed the maximum allowable <br />income limit for Eligible Persons and Families. <br />"City" means the City of Santa Ana, California, a California municipal corporation, and <br />the City's successors and assigns. <br />"County" means the County of Orange, California. <br />"Date of this Restriction" means the date in the first paragraph of this Restriction. <br />"Default" means the failure of a party to perform any action or covenant required by this <br />Restriction within the time periods provided herein following notice and opportunity to cure. <br />2 <br />EXHIBIT B <br />
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