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City of Santa Ana 25-CALHOME-18740 Page 6 of 17 EXHIBIT D promissory note executed between the Contractor and the Borrower must be secured against the Borrower's leasehold or other legal interest in the Indian Country, through the execution and recording with the BIA and the County where the Project is located with a lawful security document approved by the Department. C. For CalHome owner-occupied rehabilitation, funds shall be disbursed to borrowers in the form of deferred payment loans. The Contractor shall ensure that all loans made by the Contractor are evidenced by a promissory note, the repayment of which is secured by a deed of trust to be recorded on the property being assisted, or by other security approved by the Department in writing. The Contractor agrees that, prior to the disbursement of funds, all said documents shall be executed and, where appropriate, recorded. The documents shall include provisions necessary to ensure either that the property being assisted with CalHome funds remains affordable, or that CalHome funds are recaptured upon sale of the property or in the event the unit is no longer owner-occupied. If the Contractor is a Federally Recognized Tribe or a TDHE and the Project is located in Indian Country, notwithstanding the foregoing, the promissory note executed between the Contractor and the Borrower must be secured against the Borrower's leasehold or other legal interest in the Indian Country, through the execution and recording with the BIA and the County where the Project is located with a lawful security document approved by the Department. D. For CalHome SHTA funds will be provided to the Contractor in the form of a grant. E. The Contractor shall comply with and fulfill its obligations under all the applicable documents called for in this Agreement. Any breach or violation by the Contractor or Contractor's successor in interest of any provision of any of the required documents shall constitute a breach or violation of this Agreement and shall be subject to the rights and remedies provided herein.and otherwise available at law or in equity. 8. Authorizations A. Contractor represents, warrants, and covenants to the Department that the execution, delivery and performance of this Agreement and all the CalHome mandated Program documents, which include but are not limited to Standard Agreements, Borrower Agreements, and any necessary security documents, used to evidence or secure the CalHome Grant funds have been duly authorized by all necessary action by Contractor and do not conflict with, result in a violation of, or constitute a default under: HOSN-CalHome 2024 NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025 Approval Date: 06/05/2025 Prep. Date: 11/17/2025