Orange County NC Website
5.1 If the buyer no longer uses the Property as a principal residence or is unable to <br />continue ownership, then the buyer must sell, transfer, or otherwise dispose of <br />their interest in the Properly only to a qualified homebuyer, i.e., aloes-income <br />household, one whose combined income does not exceed 80% of the area median <br />household income by family size, as determined by the U.S. Department of <br />Housing and Urban Development at the time of the transfer, to use as their <br />- principal residence. <br />5.2 However, if the property is sold during the term of affordability to anon-qualified <br />homebuyer, the Right of First Refusal provision of the New and Existing First- <br />Time Homebuyer Program portion of the County's Long-Term Housing <br />Affordability Policy must be followed and the net sales proceeds (sales price less: <br />(1) selling cost, (2) the unpaid principal amount of the original first mortgage and <br />(3) the unpaid principal amount of the initial County contribution and any other <br />initial government contribution secured by a deferred payment promissory note <br />and deed of trust) or "equity" will be divided 50!50 by the seller of the Property <br />and the County. <br />5.3 The resale provision shall remain in effect for the full affordability period - 99 <br />.years. <br />6. Miscellaneous Provisions. <br />a. Uniform Administrative Requirements. Habitat must comply with-the applicable <br />uniform administrative requirements of 24 CFR §92.505. <br />b. Other Program Requirements. Habitat must carry out each activity in compliance <br />with all Federal laws and regulations described in 24 CFR, Part 92, subpart H except that the <br />subrecipient does not assume the responsibilities for environmental review or intergovernmental <br />review. <br />c. Affirmative Marketing. If HOME funds will be used for housing containing five <br />(5) or more assisted units, Habitat must prepare and submit an Affirmative Marketing Plan to the <br />County. <br />d. Termination of Agreement. The full benefit of the Project will be realized only <br />after the completion of the affordability periods for all Project dwelling units. It is the County's <br />intention that the full public benefit of the Project shall be completed under the auspices of <br />Habitat for the assisted units as follows: <br />i. In the event that Habitat is unable to proceed with any aspect of the Project in a <br />timely manner, and the County and Habitat determine that reasonable extension(s) for <br />completion will not remedy the situation, then Habitat will retain responsibility for <br />requirements for any dwelling units assisted and the County will make no further <br />payments to Habitat. <br />6 <br />