2012-060 Housing - Habitat for Humanity of Orange County

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completion of an environmental review and receipt by Orange County of a Release of Funds from the U.S. Department of Housing and Urban Development under 24 CFR Part §58 if applicable. The parties further agree that the provision of such funds to the project is conditioned on Orange County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, it is agreed between the parties hereto as follows: 1. a. Habitat shall construct at least ten (10) dwelling units on the Properties as defined in the Project, obtain all permits and licenses necessary for construction, and comply with applicable building and zoning ordinances and the N.C. Housing Finance Agency Energy Standards. The Project shall be undertaken without residential displacement. b. Habitat shall sell the ten (10) newly constructed dwelling units to qualified buyers whose income is up to but not more than 65% of the area median household income by family size, as determined by the U.S. Department of Housing and Urban Development at the time of the sale. c. The funding provided by the County will be provided as a fixed subsidy in the form of a deferred second mortgage to the individual families at the time of sale to them. The investment will be secured by a forty (40) year Deed of Trust and Promissory Note, forgivable at the end of 40 years. This Deed of Trust and Promissory Note shall constitute a lien on the Properties, subordinate only to the Declaration of Restrictive Covenants described in paragraph 4 of this Agreement, with the County as the secured party/beneficiary. At the time of closing of the sale of each of the dwelling units to a homebuyer, the homebuyer shall receive $15,000.00 in HOME funds as second mortgage assistance which shall be documented by a Promissory Note from the homebuyer to the County which note shall be secured by a Deed of Trust on the Properties naming the County as beneficiary. The County agrees to subordinate its Deed of Trust lien to a lien securing private permanent financing acquired by the homebuyer. e. Habitat is responsible for soliciting buyers for the dwelling units constructed on the Properties. Habitat and/or its buyers shall be responsible for securing permanent mortgage financing for the homes built on the Properties. f. Habitat is responsible for verifying the income of the homebuyers, explaining the second mortgage program to potential homebuyers and certifying by written documentation signed by the homebuyer that the program requirements have been fully explained. Habitat shall maintain purchaser files as part of its Books and Records as required and for the period of time required by Section 6f. of this Agreement. 2. Progress Payments. The County shall make payments when requested by Habitat in order to facilitate the purchase of project dwelling units by eligible first-time homebuyers. Copies of documentation for actual expenses shall accompany payment requests.