HABITAT FOR HUMANITY OF ORANGE COUNTY (5)

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EXHIBIT D D. Homebuyer is a Low Income Household, as that term is defined in this Restriction. E. Homebuyer has represented to City that Homebuyer and Homebuyer's household intend to reside in the Property as Homebuyer's principal residence at all times during Homebuyer's ownership of the Property. NOW,THEREFORE, for good and valuable consideration, the parties agree as follows: 1. Definitions "Affordability Period" means that period of time commencing upon the Date of this Restriction and terminating on the forty-fifth(45th) anniversary of such date. "Affordable Housing Cost" means the purchase price for Moderate Income Households pursuant to California Health & Safety Code Section 50052.5, the implementing regulations of Sections 6920, 6924 and 6930 of Title 25 of the California Code of Regulations for Moderate Income Households Notwithstanding the provisions of this Restriction, if the Property is sold during the Affordability Period by Homebuyer to a Low Income Household, and the Sales Price does not exceed an "Affordable Housing Cost" to such Buyer, then so long as the Maker is not in default (either Ownership Default or Maintenance Default) of the Agreement, the Note may be assumed by the eligible Buyer by an assignment and assumption agreement that is reasonably acceptable to City. Upon the effective date of such assignment and assumption, the assigning Homebuyer shall no longer be liable for any further obligations under the Loan Agreement or this Restriction that accrue after the date of such assignment and assumption. In order to verify the Buyer's status as a Low Income Household, Homebuyer shall submit to the City 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 to Section 2 of the Loan 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 City 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 City 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. "City"means the City of Santa Ana, California, a California municipal corporation, and the City's successors and assigns. "County"means the County of Orange, California. "Date of this Restriction"means the date in the first paragraph of this Restriction. "Default" means the failure of a party to perform any action or covenant required by this Restriction within the time periods provided herein following notice and opportunity to cure. 2 EXHIBIT B