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25G - AGMT - INCLUSIONARY HOUSING AGMT
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25G - AGMT - INCLUSIONARY HOUSING AGMT
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Last modified
4/2/2015 4:28:32 PM
Creation date
4/2/2015 3:22:49 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25G
Date
4/7/2015
Destruction Year
2020
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WEROLM <br />LENDER PROVISIONS <br />[~'Mail ! .. ! <br />Mortgages, deeds of trust, or any other form of conveyance required for any <br />reasonable method of financing as a Senior Loan are permitted, but only as <br />follows: <br />I-A. For the sole purpose of securing a purchase money loan of funds to be <br />used by an Owner for financing the acquisition of the I ncluslonary Unit. <br />The Senior Loan must comply with the requirements imposed by Section <br />IV-D of the Administrative Procedures Manual or <br />I-B. For the sole purpose of refinancing a Senior Loan that was obtained by <br />the Owner, and approved by the City, provided that the principal amount <br />of such refinancing shall be limited to the outstanding principal then owed <br />on the existing Senior Loan, plus any customary fees and costs <br />associated with such current refinancing, <br />II-A. This I riclusionary Housing Covenants Declaration shall be subordinate to <br />the Senior Loan, so long as the Senior Lender agrees to the default and <br />foreclosure provisions set forth in this Inclusionary Housing Covenants <br />Declaration, or other alternative provisions proposed by the Senior <br />Lender, and acceptable to the City in its sole discretion. <br />II -B. In the event the City fails to timely cure re a default under such Senior Loa n, <br />and the Senior Lender proceeds with foreclosure, or deed in lieu of <br />foreclosure, of such Senior Loan, then any provisions herein or in any <br />other collateral agreement restricting the use of the Inciusionary Unit to <br />Moderate Income Households or otherwise restricting the Senior Lender's <br />ability to sell the Incluslonary Unit based upon income qualification of the <br />purchaser shall terminate and shall have no further force or effect on <br />subsequent owners or purchasers of the Incluslonary Unit <br />[I-C. In that event, any person, including the Senior Lender's successors and <br />assigns, receiving title to the Inclusionary Unit through foreclosure, or <br />deed in lieu of foreclosure, of such Senior Loan shall receive title to the <br />4idWonary Hous In!) Cqvenarrts Deolaraffon Hai; 23 <br />City of Santa Ana January 2015 <br />25G-59 <br />
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