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3. Recipient shall administer its local reuse account in conformance with the reuse account <br />plan approved by the Department. The Reuse Account Plan approved by the <br />Department shall not be modified or amended except by the express written consent of <br />the Recipient and Department. <br />4. Recipient shall monitor and service loans made with CalHome funds or funds from the <br />local reuse account (hereinafter collectively referred to as "CalHome loans") in <br />conformance with the loan servicing plan approved by the Department. The Loan <br />Servicing Plan approved by the department shall not be modified or amended except by <br />the express written consent of the Recipient and Department. <br />Recipient shall permit the Department, its employees, agents, or designees, upon <br />reasonable notice and at reasonable times, to enter Recipient's premises and inspect any <br />and all records pertaining to the local reuse account and Recipient's servicing of <br />CalHome loans. The Department may request any other information that it deems <br />necessary to monitor compliance with requirements set forth in this Agreement. <br />Recipient shall promptly provide such information. <br />6. Recipient shall file an annual report with the Department for the period July 1 through <br />June 30. This report shall be submitted no later than July 31 of each year. The report <br />shall provide information on the dollar amount of deposits to and withdrawals from the <br />local reuse account, and a description of the uses of funds withdrawn, including but not <br />limited to number and dollar amounts of loans made, expenses of providing homebuyer <br />education, and dollar amount of fees for loan servicing, loan processing or loan activity. <br />The annual report shall also provide information on Recipient's loan servicing activities <br />during the year including, but not limited to costs of loan servicing, loans in default, <br />remedial actions undertaken, foreclosures, and bankruptcies. <br />7. In the event of a breach or violation of the provisions of this Agreement, the <br />Department may give written notice to the Recipient thereof by certified mail or any <br />express delivery service with a delivery receipt addressed to the Recipient at the address <br />stated in this Agreement. If the breach or violation is not cured to the satisfaction of the <br />Department within the time period specified in the notice, which shall not be fewer than <br />30 days, the Department may declare a default and may seek legal remedies including <br />specific performance of this Agreement, declaratory, and/or injunctive relief, or other <br />remedies as may be available at law or equity. <br />8. Recipient agrees and acknowledges that failure to cure a violation to the satisfaction of <br />the Department within the time allotted shall constitute grounds for denial of eligibility <br />for future CalHome funding due to lack of organizational capacity, and shall constitute <br />grounds under any other program administered by the Department for making a <br />determination that the Recipient lacks the capacity to administer the program funds <br />being applied for. <br />9. In the event that the breach or violation involves charges to individual homebuyers in <br />excess of those permitted under the Standard Agreement or Regulations, the <br />Department may demand, and seek as an additional remedy, the return of such excess <br />charges to the affected households. <br />Monitoring Agreement (October 2007) <br />