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80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL
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80A - JOINT PH - TRANSIT ZONING CODE, FINAL EIR, SPECIFIC PLAN ETC. - ORIGINAL PACKET PROVIDED TO COUNCIL
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7/26/2016 5:25:48 PM
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6/4/2010 6:06:42 PM
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City Clerk
Doc Type
Agenda Packet
Item #
80A
Date
6/7/2010
Destruction Year
2015
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Statement as those terms are hereinafter defined). The Developer and the Horneb Ayer have <br />opened an esero Escrow No.: <br />with ::` : :::.::::::::: `- escrow title company) <br />for omeb yer's acquisition of the Property (the "Escrow") and the Agency shall be are <br />additional party to the Escrow in connection with the Homebuyer Assistance Loan. <br />1.2 roi is et-y Note. The Hoi ebuyer shall execute, as maker, and deliver to <br />the Agency, a promissory note in favor of the Agency, as holder, substantially its the form of <br />Exhibit "B" that is attached hereto and incorporated herein by this reference the "Note" or <br />"Promissory Note"). As more particularly provided its the Note, the essential terms and <br />conditions of the Homebuyer Assistance Loan are as follows: <br />s: <br />all Ter•ni. The terra of the Nate shall be forty-five ear from the <br />Rome buyer Assistance Loan Date (the "Terni" ). <br />b. Note Amount. The sums due and payable pursuant to the terms <br />and provisions of the Note consist of both the Homebuyer Assistance Loan Amount and the <br />Contingent Equity participation Amount, as both terms are herein defined (collectively, the <br />"Note Amount"). As one coinponent of the Note Amount, the Hoi ebuy r shall pay to the <br />Agency the principal amount nt f Dollars <br />with zero percent % interest thereon, subject to ub eeti n e ) below. <br />C, Contingent Equity Pat•ticipati n Amount. As a second <br />component of the Note Ai owit, the l or ebuyer shall pay to the Agency, together with the <br />hole of the H mebuyer Assistance Loam Aniou nt, the "Contingent its Participation <br />Amount" if required by Section 3, <br />d. oniebuy x• Assistance Loam Amount-, Interest Defei4red Until <br />Acceleration. The Homebuyer Assistance Loan Amount shall accrue zero percent oho interest <br />mess and until are event of acceleration occurs as set forth in Section l .2 f , its which evert a <br />"Contingent Equity Participation Amount" shall become due and payable by the Homebuyer if <br />required by Section 3. <br />e. 11oinebuyer Assistance Loan mount; Time of Payment and <br />Forgiveness. No repayment of the Homebuyer Assistance Loan Amount shall be require <br />unless and until the Note Amount becomes due and payable, as provided in subparagraph f) <br />below. <br />f. Acceleration. The whole of the Note Amount and all other <br />payments due hereunder shall become due and be immediately payable to the Agency by the <br />of rebuyer upon the occurrence of any one of'the following events of acceleration: <br />(i) The Homebuyer sells or transfers the Property or any part <br />thereof) by any means, including, without limitation, the lease, the rental, the exchange or other <br />disposition of the Properly or any interest therein, Whether voluntary or involuntary, except A a <br />sale of the Property to are eligible, qualified Moderate Income Household at an Affordable <br />Housing Cost with the Agency's prior written approval accomplished in strict conformity with <br />Section 4, or the transfer of the Propefty solely as a result of the marriage, divorce, <br />ATTACHMENT N. 11- <br />Form ofHornebuyer Loan Agreement <br />1 CS C/1 400673iil 3/2 272 #0001 <br />
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