80A - AGMT WITH HABITAT FOR HUMANITY

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terminate this Lease in the event of Condemnation shall be governed by the provisions of this Article IX. ARTICLE X ASSIGNMENT AND ENCUMBERING 10.1 General. Except for assignment to Affiliates of Habitat, Habitat shall not assign its interest as Tenant under the Lease until the Certificate of Occupancy for the Initial Improvements, but may encumber the Premises with a Leasehold Mortgage to finance the Initial Improvements. Upon Certificate of Occupancy, or similar document as applicable, for the Initial Improvements, in order to enforce the Restrictions, Agent shall by means of an Agent right of first refusal to be contained in the Lease assignment and home purchase agreements consent to all assignment of the Tenant interest in the Lease and resale of the home ("Transfer," except for Leasehold Mortgages). Upon issuance of the Certificate of Completion, or similar document as applicable, Agent shall promptly seek to qualify and approve assignment of the Tenant interest in the Lease to a home purchaser who qualifies under and agrees to abide by the Restrictions. Agent's consent for Transfers shall be based upon compliance of the Transfer with the Affordability and Maintenance Restrictions, including those for Affordable Housing and Affordable Mortgage. 10.1.1. Such terms conditions, covenants, restrictions and reservations shall apply to each and every Transfer hereunder and shall be severally binding upon each and every parry thereto. Any document regarding the Transfer of the Premises or any part thereof shall not be inconsistent with the provisions of this Lease and in the event of any such inconsistency, the provisions of this Lease shall control. 10.1.2. Subleases from Tenants are absolutely prohibited Transfers. Assignments of Tenant Lease interests and sale of the home must be approved in writing and be in a form and with terms consented to by Agent, and in amount subject to the Affordability and Maintenance Restrictions. 10.2 Leasehold Mortgage. Under no circumstances may Tenant mortgage, encumber or hypothecate Lessor's Fee Interest, if any. 10.3 Transfer Procedure. If Tenant desires at any time to enter into a Transfer for which Agent's consent is required hereunder, Tenant shall provide Agent with written notice ("Transfer Notice") at least ninety (90) days prior to the proposed effective date of the Transfer. The Transfer Notice shall include (i) the name and address of the proposed transferee, (ii) the nature of the Transfer (e.g., whether an assignment, etc.), (iii) the proposed effective date of the Transfer, (iv) proposed terms of sale/assignment and compliance with the Affordability and Maintenance Restriction, (v) such financial information, including income and asset statements, as Agent may require to determine qualification of the transferee under the Restrictions, and (vi) a bank or other credit reference. Thereafter, Tenant and the proposed transferee shall furnish such supplemental information as Agent may reasonably request concerning the proposed transferee. Agent shall, no later than ninety (90) days after Lessor's receipt of the information specified above, deliver written notice to Tenant which shall (i) indicate whether Agent will give or withhold consent to the proposed Transfer, and (ii) if Agent withholds consent to the proposed Transfer, set forth a detailed Page 123 DYA • '