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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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C. Certificates from Parties. Homebuyer and proposed Transferee each <br />shall certify in writing, in a form acceptable to City, that the Transfer shall be closed in <br />accordance with, and only with, the terms of the sales contract and other documents submitted to <br />and approved by City and that all consideration delivered by the proposed Transferee to owner <br />has been fully disclosed to City. The written certificate shall also include a provision that in the <br />event a Transfer is made in violation of the terms of this Restriction or false or misleading <br />statements are made in any documents or certificate submitted to City for its approval of the <br />Transfer, City shall have the right to file an action at law or in equity to make the parties <br />terminate and/or rescind the sales contract and/or declare the sale void notwithstanding the fact <br />that the Transfer may have closed and become final as between Homebuyer and Transferee. <br />d. Written Consent of City Required Before Transfer. During the <br />Affordability Period, the Property, and any interest therein, shall not be conveyed by any <br />Transfer except with the express written consent of City, which consent shall be given only if the <br />Transfer is in accordance with the provisions of this Restriction. This provision shall not <br />prohibit the encumbering of title for the sole purpose of securing financing of the purchase price <br />of the Property. <br />C. Notice of Prohibited Transfer. Within twenty (20) days after receiving <br />notification of a proposed Transfer in accordance with Section 4a., City shall determine and give <br />notice to Homebuyer as to whether the proposed Transfer is a Permitted Transfer or Prohibited <br />Transfer, or whether the Transfer would cause an acceleration of the Note. In the event that the <br />proposed Transfer is a Prohibited Transfer, such notice to Homebuyer shall specify the nature of <br />the Prohibited Transfer. If the violation is not corrected to the satisfaction of City within ten (10) <br />days after the date of the notice, or within such further time as City determines is necessary to <br />correct the violation, City may declare a Default under this Restriction. Upon the declaration of <br />a Default, City may apply to a court of competent jurisdiction for specific performance of this <br />Restriction, for an injunction prohibiting a proposed sale or Transfer in violation of this <br />Restriction, for a declaration that the Prohibited Transfer is void, or for any such other relief as <br />may be appropriate. <br />f. Delivery of Documents. Upon the close of the proposed Transfer, <br />Homebuyer and Transferee, as applicable, shall provide the City with a copy of the final sales <br />contract, settlement statement, escrow instructions, all certificates required by this Section 4 and <br />any other documents City may request. <br />EXHIBIT B <br />
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