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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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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 DefauIt." 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 />hereof. <br />"Permitted Transfer" means any Transfer which is permitted pursuant to Section 4 <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 />EXHIBIT B <br />
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