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FREE RECORDING REQUESTED PURSUANT <br />TO GOVERNMENT CODE SECTION 6103 &27383 <br />When Recorded Mail to: <br />City of Santa Ana <br />20 Civic Center Plaza, M-26 <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Attention: Loan Specialist <br />CITY OF SANTA ANA <br />HOMEBUYER DOWN PAYMENT ASSISTANCE LOAN PROGRAM, <br />INCLUSIONARY HOUSING EUNDS <br />INCOME AND OWNER -OCCUPANCY COVENANTS_ <br />AND RESALE RESTRICTIONS - <br />["Affordability Covenants"] <br />A. The City of Santa Ana (the "City"); acting to carry out its'public purposes by making <br />financial assistance available to assist persons and, families of low- o'r moderate income to obtain <br />housing at affordable housing cost, is making a loan to ' ("Owner") pursuant to <br />the terms of a certain Loan Agreement of even date herewith (the "Loan Agreement"), for the <br />purpose of assisting Owner to purchase a single-family residence located as described in the legal <br />description attached hereto as Exhibit "A" and incorporated herein by this reference. <br />B. This financing is available to Owner through the City's First -Time Homebuyer Down <br />Payment Assistance Loan Program (the "Program"), under which the City will provide a subsidy in <br />the form of a trust deed loan of up to a maximum of $40,000.00 for moderate income households and <br />$80,000.00 for low income households that are determined to be an "Eligible Person or Family" (as <br />defined elsewhere in'this Agreement) toward the purchase of a residence within the City. <br />C. The Program is implemented in accordance with the City of Santa Ana Housing <br />Opportunity Ordinance, "and• will be modified whenever necessary to insure compliance with <br />regulations and continued Program feasibility. <br />D. The financial assistance being made available by the City to the Owner is conditioned on <br />the use of the Property for housing affordable to persons or families of low or moderate income as <br />.their primary residence for the longest feasible time, but in any event not less than Forty Five (45) <br />years ("Term of Affordability"), provided that the Property remains habitable. In the event that the <br />Owner fails to comply with these affordability covenants for the 45 years, the Note will become <br />immediately due and payable (see Section 4 below). <br />E. It is in the public interest and is of benefit to all real property within the City of Santa <br />Ana, including, but not limited to, real property owned by the City, to ensure that there is an adequate <br />supply of decent, safe and affordable owner -occupied housing within the City of Santa Ana. <br />FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which <br />are hereby acknowledged, the City and the Owner hereby agree and NOTICE IS HEREBY GIVEN <br />-1- <br />25C-31 <br />