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10.7 % a ri a ble A ppi ica ble Fs Ito r x 100,00 0 a f es Price - Pu rch ase Price) = $10,700 (Co ntingent <br />Equity Participation Amount). <br />(e) of Contingent Equity Participation Amount for <br />Subsequent Homebuyers. If pursuant to Section 4 of the Agreement and Section 9 of this mote, <br />a Buyer has fully assumed the Homebuyer!s obligations under the Agreement, this Note, the <br />Agency Deed of Trust, Notice of Affordability Restrictions and the Affordable Housing Resale <br />Restriction, and thereafter the new Buyer, as the successor Hornebuyer, is in Ownership Default <br />t <br />which causes an event of acceleration to occur, the Contingent Equity Participation Amount to <br />be paid by such Buyer hall be calculated by multiplying the Variable Applicable Factor, <br />established ire Section , by the difference he twe n the Sales Price, established in confonmity <br />with Section 7(l), and the Purchase Price. <br />(f) To Appreciation or Depreciation in Value of Property. If an event of <br />acceleration occurs at a time when the Property has not appreciated or the value of the Property <br />has depreciated (the Sales Price is less than the Purchase Price), then no Contingent Equity <br />Participation Amount is due by ak r to Holder. <br />(g) Capital Improvements. The value of any Qualified Capital <br />hnpro v ement s completed by Maker during Faker's ownership of the Property shall be added to <br />the Purchase Price when calculating the Contingent Equity Participation Amount only if, not <br />later than thirty o days prior to the event of acceleration au s i ng the on ti ng n t Equity <br />Participation Amount to become immediately due and payable pursuant to Section 6, the Faker <br />submits t h following to the Holder: i an it rnl ed list of the Qualified Capital Improvements, <br />(ii) reliable proof of completion of the Qualified Capital Improvements as evidenced, e.g., by <br />final building permits* a certificate of completion or original paid invoices or construction <br />contracts), and (iii) an appraisal from a certified appraiser, in form and substance reasonably <br />acceptable to the Executive Director} the conclusion of which is that the Qualified Capital <br />Improvements have added the stated amount to the fair market value of the Property. <br />If, within thirty o days of receipt of the information concerning the Qualified <br />Capital Improvements, the Holder questions the claimed increase in the value of the Property by <br />reason of said u ali f 1e d Capital Improvements, the Holler and the Maker may, by mutual <br />agreement, establish the value of the u aldie d Capital Irnprov m nt s or the Folder may require <br />an appraisal of the Property} at the Maker's expense, by a second independent certified appraiser <br />appointed by the Holder to determine the fair market value of the, ual ifi d Capital <br />Improvements. <br />(h) Credit to Maker. Notwithstanding the foregoing provisions of this <br />Section 7, calculation of the Contingent Equity Participation Amount is subject to a superior <br />right of the Maker r to receive credit in calculation of the Purchase Price for money paid by the <br />Maker post acquisition and during the teary of the baker's ownership of the Property for <br />installment payments of mortgage principal, pursuant to the First Lien actually crude by the <br />BXHIBI"T B-5 TO ATTACHMENT No. 11 <br />Promissory Note <br />DOGS OC1140 D67 3 v 14 /200272.0001 <br />