Laserfiche WebLink
Maker, in addition to the fair market value of Qualified Capital Improvements consistent with <br />the requirements of Section 7(g) hereof. <br />(1) Determination of Sales Price; Appraisal. <br />(i) Upon Sale of the Property. In the event of a proposed sale of the <br />Property by the Homebuyer that does not conform to Section 9 and not less than thirty (30) days <br />after the Holder receives actual notice of the opening of escrow in connection therewith, the <br />Holder may elect to appoint a certified, independent appraiser to conduct an appraisal of the <br />Property, at the Maker's expense, to assist the Holder in determining if the Sales Price is at or <br />near the fair market value of the Property at such time. If the Sates Price is determined by the <br />appraisal to be three percent (3%) or more below the fair market value of the Property as <br />estimated in said appraisal, then the "Sales Price" for purposes of determining the Contingent <br />Equity Participation Amount shall be the fair market value of the Property established in said <br />appraisal. <br />(h) Upon Refinancing/Failure to Occupy/Default. In the event of <br />refinancing, failure to occupy the Property in accordance with Section 7 of the Agreement, or an <br />Ownership Default or breach of any provision of the Agreement which causes the Contingent <br />Equity Participation Amount to become immediately due and payable, the "Sales Price" for <br />purposes of determining the Contingent Equity Participation Amount shall be determined by an <br />appraisal of the Property. The Holder shall appoint a certified independent appraiser to conduct <br />an appraisal of the Property, at the Maker's expense. The Maker agrees that in such event the <br />Contingent Equity Participation Amount shall be the Variable Applicable Factor multiplied by <br />the difference between the Purchase Price and "Sales Price" as established by the appraised value <br />of the Property at the time of such refinancing, failure to occupy, or default under the <br />Agreement. <br />8. Maker's Acknowledgment of Contingent Equity Participation Amount. <br />MAKER ACKNOWLEDGES AND AGREES THAT UPON <br />SALE, TRANSFER OR REFINANCING OF THE <br />PROPERTY THAT DOES NOT COMPLY WITH SECTION <br />9, AND/OR UPON ANY OTHER DEFAULT THAT CAUSES <br />AN EVENT OF ACCELERATION AS SET FORTH IN <br />SECTION 6 HEREOF, MAKER SHALL PAY TO HOLDER <br />(IN ADDITION TO THE AGENCY LOAN AMOUNT), A <br />CONTINGENT EQUITY PARTICIPATION AMOUNT <br />EQUAL TO A PERCENTAGE SHARE OF THE <br />APPRECIATION OF THE PROPERTY AS CALCULATED <br />PURSUANT TO SECTION 7. <br />MAKER/HOMEBUYER'S INITIALS: <br />9. Sale to Moderate Income Household at Affordable Housing Cost. During the <br />Affordability Period, the Note will not become due and payable, and no Contingent Equity <br />Participation Amount shall be required hereunder in connection with such sale, if the Maker sells <br />EXHIBIT B-6 TO ATTACHMENT NO. 11 <br />Promissory Note <br />DOGS 001400673 v 14!200272-0001