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25D - AGMT - ALLOCATION NSP 3
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25D - AGMT - ALLOCATION NSP 3
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Last modified
1/3/2012 3:43:47 PM
Creation date
6/16/2011 12:29:31 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25D
Date
6/20/2011
Destruction Year
2016
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EXHIBIT C <br />(d) Use of the Property as an Owner-Occupied, single family residence. <br />The terms, covenants and restrictions of this Deed and the Promissory Note are incorporated <br />herein by reference. <br />ARTICLE I. DEED RESTRICTIONS/AFFORDABILITY REQUIREMENTS <br />1. Purpose. In accepting these Deed Restrictions, the undersigned Trustor understands <br />and acknowledges that the Property (also referred to herein as the "Affordable Unit") is being <br />sold to the Trustor at an affordable sales price, so as to make the Property affordable to the <br />Trustor. The Owners hereunder are purchasing this Property with a silent second loan from the <br />Agency through the City of Santa Ana's Neighborhood Stabilization Homeownership Program. <br />Pursuant to this Program, the City and Owner have agreed to impose certain continuing <br />obligations relating to and on the Property. <br />In return for and in consideration of the opportunity for the Trustor to purchase the Property <br />under the above referenced circumstances and for other good and valuable consideration, the <br />receipt and legal sufficiency of which the undersigned hereby acknowledges, the Trustor on <br />behalf of himself/herself and with the express intent to bind all those defined as "Owner", hereby <br />agrees to the following: <br />2. Method of Sale. <br />A. Procedures to Notify City <br />1. Notice of Proposed Sale. If at any time during the duration of the Forty Five <br />(45) year affordability period, the Trustor, as Owner, desires or elects to sell, transfer, convey, <br />assign or otherwise dispose the Property ("dispose"), the Owner may sell it and pay off the City <br />Promissory Note. Owner is required to notify the City in writing to that effect and shall provide <br />such information as the City may reasonably require regarding the proposed sale. Said writing <br />(hereinafter referred to as the "Notice of Intended Sale") shall state the street address of the <br />Property and the Owner's full name(s). Once the City Promissory Note is paid off completely by <br />Owner, the long term affordability obligations (45 year restriction) hereunder shall be released. <br />The Notice, together with the City required information shall be personally delivered or <br />deposited into the U.S. mail, postage prepaid, first class, certified mail, return receipt requested, <br />addressed to: <br />COMMUNITY DEVELOPMENT AGENCY OF <br />THE CITY OF SANTA ANA <br />20 Civic Center Drive (M-37) <br />Santa Ana, California 92702 <br />Attn: Housing Division <br />B. Notice of Default Under Deed of Trust or Mortgage and City's Right to <br />Enforce. The Owner covenants to cause to be filed in the Office of the Recorder of the County <br />City.HO.DOT Page 3 of 13 2/8/10 <br />1B141
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