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limitation, a certification as to the income and family size of the proposed Transferee, for Agency to determine if the proposed Transferee is Io d ra to Income Household, and the purchase price is at an Affordable Housing Cost. C. Certificates from Parties. Homehu firer and proposed Transferee each ball certify in writing, in a form acceptable to Agency, that the Transfer .shall be closed in accordance with, and only with, the terms of the sales contract and other documents submitted to and approved by Agency and that all consideration delivered by the proposed Transferee to owner has been fully disclosed to Agency. The written certificate shall also include a provision that in the event a Transfer is made in violation of the terms of this Restriction or false or misleading statements are made in any documents or ertifi ate submitted to Agency for its approval of the Transfer, Agency shall have the right to file an action at law or in equity to make the parties terminate and/or rescind the sales contract and/or declare the sale void notwithstanding the fact that the Transfer may have cl o ed and become final as between Hornebu er and Transferee. d. Written Consent of Agency required Before Transfer. During the Affordability Period, the Property, and any interest therein, shall not be conveyed by any 'transfer except with the express written consent of Agency, which consent shall be given only if the Transfer is in accordance with the provisions of this Restriction. This provision shall not prohibit the encumbering of title for the sole purpose of securing f`in arising of the purchase price of the Property. e. Notice of Prohibited Transfer. within twenty (20) days after re ivi n g notification of a proposed Transfer in accordance with Section 4a., Agency shall d etermi n d give notice to Ho rnehu er as to whether the proposed Transfer is a Permitted Transfer or Prohibited Transfer, or whether the Transfer would cause an acceleration of the Dote under Section 1.f. of the Agreement and, in which ease, upon Homebuyer's payment of the Contingent Equity Participation Amount as set forth in Section 3 of the Agreement such Tram f r would be deemed a Permitted Transfer hereunder. In the event that the proposed Transfer is a Prohibited Transfer* such notice to Homebuyer shall specify the nature of the Prohibited Transfer. If the violation is not corrected to the ti fa ti on of Agency within ton 1 days a ft r the date of the notice, or within such further time as Agency determines is necessary to correct the violation, Agency may declare a Default under this Restriction. Upon the declaration of a Default, Agency may apply to a court of competent jurisdiction for specific performance of this Restriction, for an injunction prohibiting a proposed sale or Transfer in violation of this Restriction, for a declaration that the Prohibited Transfer is void, or for any such other relief a may be appropriate. f. Delivery f Documents. [ Tp on the close of the proposed Transfer, H mebu er and Transferee, as applicable, shall provide the Agency with a copy of the final sales contract} settlement statement, escrow instructions, all certificates required by this Section 4 and any other documents i en may request. EXHIBIT D-5 TO ATTACHMENT ISO. 11 Affordable Housing Resale Restriction D OC S 0 V 14 00673 v 14/200272 -000 1