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City of Santa Ana 25-CALHOM E-18740 Page 2 of 17 EXHIBIT D 3. Contractor's Application_or Funds A. The Contractor has submitted to the Department an Application for funding under the CalHome Program, The Department is entering into this Agreement based on, and in substantial reliance upon, Contractor's facts, information, assertions, and representations, contained in that Application, and in any subsequent modifications or additions thereto approved by the Department in writing. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement. B. The Contractor hereby represents and warrants to the Department that all information, facts, assertions, representations, and warranties contained in the Application (collectively the "Representations") and approved modifications and additions thereto are true, correct, and complete to the best of Contractor's actual and constructive knowledge, both as of the date of the Application and as of the date hereof. In the event that any part of the Application, including but not limited to, the Representations and any approved modification and addition thereto is, at any time during the term of this Agreement, untrue, incorrect, incomplete, or misleading in such a manner that could reasonably affect the Department's approval, disbursement, or monitoring of the funding and the Project Loans or Grant activities governed by this Agreement, then the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. All Representations Contractor shall indefinitely survive the expiration or earlier termination of this Agreement. C. The Department shall not be obligated to fund a CalHome loan or a grant activity unless the Contractor has complied with and satisfied all the applicable terms and conditions of the following, all in a manner satisfactory to the Department in its sole and absolute discretion, on or before the earlier of the CalHome loan closing or the execution of this Agreement: 1) The Program Requirements, as defined in Exhibit A, 2) All program legal documents including, but not limited to, this Agreement and the Monitoring Agreement; and, 3) The Representations made in the Application and associated materials. D. The Contractor shall demonstrate that it has the full power and authority to occupy, control, and manage the real property on which the Project will be located and to undertake all of its obligations under this Agreement. The Contractor shall do all things necessary to preserve and to keep in full force and HOSN-Callome 2024 NOFA Date: 12112/24, Amended 1/1412025, Amended 1/17/2025 Approval Date: 06/05/2025 Prep. Date: 11/17/2025