HABITAT FOR HUMANITY OF ORANGE COUNTY (4)

Home Browse Search

3. Sale to Low Income Household. During the Affordability Period, the Note Amount will not become due and payable, if Trustor sells or otherwise conveys the Property to a Low Income Household at an Affordable Sales Price (an "Eligible Household"), and the purchaser assumes the Note and the Agreement by an assignment and assumption agreement which is reasonably acceptable to the Beneficiary. For the purposes of this Authority Deed of Trust, the Note, and the Agreement, "Low Income" and "Low Income Households" means low income households as defined in Health & Safety Code Section 50079.5. 3.1. Affordable Sales Price and Affordable Housing Cost — Low Income Household. "Affordable Housing Cost" shall be as defined in Health & Safety Code Section 50052.5 (or its successor statute) and the implementing regulations thereto promulgated by the Housing and Community Development Department of the State of California. Notwithstanding the provisions of this Section 3, if the Property is sold during the Affordability Period by the Trustor to a Low Income Household and the Affordable Sales Price does not exceed an "Affordable Housing Cost" to such Buyer, then so long as the Trustor is not in default (either Ownership Default or Maintenance Default) of the Agreement, this Note may be assumed by the eligible Buyer by an assignment and assumption agreement which is reasonably acceptable to the Beneficiary. Upon the effective date of such assignment and assumption, the assigning Trustor shall no longer be liable for any further obligations under the Agreement, the Note or the City Deed of Trust that accrue after the date of such assignment and assumption. In order to verify the Buyer's status as a Low Income Household, the Trustor shall submit to the Beneficiary the identity of the proposed Buyer and adequate information evidencing the income and household size of the proposed Buyer. Said income information shall be submitted together with the notice of proposed sale pursuant the Agreement not less than thirty (30) days prior to opening of escrow for the proposed sale and shall include original or true copies of pay stubs, income tax records or other financial documents in order that the Holder may determine and verify the household income of the proposed Buyer to determine whether the Buyer is a Low Income Household, and whether the Property is being transferred to such Buyer at an Affordable Housing Cost. If the Holder is unable to verify the Buyer's income as provided herein prior to the proposed sale, then the Buyer's income shall be deemed to exceed the maximum allowable income limit for Eligible Persons and Families. 4. Subordination. Except as provided otherwise herein, the provisions of the Agreement, the Notice of Affordability Restrictions, this Rider and Deed of Trust, and the Affordable Housing Resale Restriction, and the obligations therein, shall be subordinate only to the First Lien on the Property held by the Lender and, if applicable, other loan(s) as approved by the Executive Director, including lien instruments that secure other homebuyer purchase money and/or downpayment assistance, including without limitation City, State of California, or federal affordable housing programs, which liens shall not impair the rights of Lender, or Lender's assignee or successor in interest or the City, if applicable, to exercise their remedies under the First Lien in the event of default under the First Lien by the Homebuyer. Such remedies under the First Lien include the right of foreclosure or acceptance of a deed or assignment in lieu of Exhibit C