2001 S Housing - EMPOWERMENT INC HOME Program Second Mortgage Assistance

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1.2 The HOME funding provided by the County will be provided as a deferred second mortgage to the individual families at the time of purchase. The HOME Program 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 Property, second only to the Declaration of Restrictive Covenants described in paragraph 4 of this Agreement, with the County as the secured party/beneficiary. The County agrees to subordinate its Deed of Trust lien to a lien securing other private, first-time permanent financing acquired by the homebuyer. 1.3 The period of affordability will be 99 years and will be secured by a Declaration of Restrictive Covenants that will incorporate a right of first refusal that may be exercised by EmPOWERment and/or Orange County. 1.4 EmPOWERment and/or its buyers shall be responsible for securing permanent mortgage financing for the homes. 1.5 EmPOWERment 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. EmPOWERment shall maintain purchaser files as part of its Books and Records as required and for the period of time required by Section 6.c. of this Agreement. 2. Time for Commencement and Completion. In addition, EmPOWERment agrees to furnish to the County a copy of its annual audit, performed by a certified public accountant within 90 days of the end of the fiscal year of expenditure of the HOME Program Funding. The Project completion date is the closing date of the purchase by a qualified buyer of the last of the eight units to be purchased. In the event that EmPOWERment is unable to proceed with any aspect of the Project in a timely manner, and County and EmPOWERment determine that reasonable extension(s) for completion will not remedy the situation, then the Termination of Agreement provisions of this Agreement (Section 6.a.) shall pertain. EmPOWERment may, at its option, submit a written request for a delay of completion for County approval. The County may, at its option, approve any delay in the completion date or declare EmPOWERment in default. EmPOWERment shall monitor the purchased units for affordability for the period of affordability — ninety-nine (99) years. Final contract completion date shall be the latest end date of all assisted unit affordability periods. 3. Affordability Requirement. Each unit must remain affordable for a period of ninety- nine years. EmPOWERment retains full responsibility for compliance with the affordability requirement for assisted units, unless affordability restrictions are terminated due to the sale of the Property to a non-qualified buyer in which event the 2