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Neighborhood Housing Services of Orange County to construct and sell asingle-family home to a qualified <br />household. The term of affordability on the home will be for forty-five years. <br />4. Escrow. Developer agrees to open an escrow at the office of First American Title Insurance Company, 2 <br />First American Way, Santa Ana, California, (the Escrow Agent) within five (S) days from and after the date on <br />which the City and Agency Board have approved this Agreement. This Agreement and the Disposition and <br />Developer Agreement constitute the joint escrow instructions of the Developer and the Agency and a duplicate <br />original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. <br />The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this <br />Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this <br />reference, in writing, delivered to the Developer and to the Agency within five (5) days after delivery of this <br />Agreement, shall carry out its duties as Escrow Agent hereunder. <br />Developer agrees to bear and Escrow Agent is hereby authorized to charge to the Developer the cost of any <br />transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees <br />and any other closing costs incidental to the conveying of said real property to Developer. Penalties for <br />prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant <br />to Civil Code Procedures Section 1265.240. <br />The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed <br />upon it under Section 4, Section 6, Section 11 and Exhibit "B" of the General Provisions of this Agreement. <br />5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which <br />said real property is conveyed to Developer as are unpaid at the time of said conveyance shall be cleared and <br />paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of <br />California. Agency shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the <br />State of California for that portion of property taxes on said real property for said fiscal year which have been <br />paid prior to the date the deed conveying said real property to Developer is recorded which is allocable to that <br />portion of the fiscal year which begins on the date the deed conveying said real property to Developer is <br />recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the <br />State of California. All unpaid taxes on said real property for any and all years prior to the fiscal year within <br />which said conveyance is made shall be paid by Agency before conveyance of said real property to Developer. <br />6. Payment of Purchase Price. Developer agrees to pay to Agency, and Agency agrees to accept from <br />Developer, as and for the full purchase price for said real property, the total sum of One Hundred Eighty Five <br />Thousand Dollars ($185,000.00) which constitutes the fair market value at the use and with the covenants and <br />conditions and development costs authorized by the sale and the Disposition and Development Agreement. <br />Developer agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days <br />from and after the date on which this Agreement was approved, and the Escrow Agent is hereby authorized to <br />pay the same to Agency upon and after: <br />(a) Conveyance of said real property by Agency to Developer as hereinabove provided; <br />(b) Acceptance by Developer of a Grant Deed conveying said real property to Developer; <br />(c) Delivery to Developer of the policy of title insurance as hereinabove provided; <br />2 <br />