Orange County NC Website
4 <br /> a preliminary response to the request. If the response is favorable and no further <br /> documentation is necessary, the County will notify Habitat in writing of the date funds <br /> will be available. If the County requests additional information, the request for <br /> information must be satisfied in full before the written notification of funding <br /> availability. Any new submission of material will trigger the ten (10) working days <br /> response timeframe outlined above. <br /> d. Habitat shall sell the newly constructed dwelling units to qualified buyers whose <br /> income is up to 80% of the area median household income by family size, as determined <br /> by the U.S. Department of Housing and Urban Development at the time of the sale. <br /> e. The HOME funding provided by the County will be provided as a deferred <br /> second mortgage transferable to the individual families at the time of sale to them. The <br /> bond investment will be secured by a forty (40) year Deed of Trust and Promissory Note, <br /> forgivable at the end of 40 years. This Deed of Trust and Promissory Note shall <br /> constitute a lien on the Property, second only to the Declaration of Restrictive Covenants <br /> described in paragraph 4 of this Agreement, with the County as the secured <br /> party/beneficiary. The County agrees to subordinate its Deed of Trust lien on the <br /> Property to a lien securing private construction financing acquired by Habitat in order to <br /> complete the project. <br /> f. At the time of closing of the sale of a dwelling unit to a homebuyer, Habitat shall <br /> repay the County the amount of the HOME Program investment in the form of a credit to <br /> the homebuyer. The credit to the homebuyer shall be documented by a Promissory Note <br /> from the homebuyer to the County which note shall be secured by a Deed of Trust on the <br /> Property naming the County as beneficiary. The County agrees to subordinate its Deed <br /> of Trust lien to a lien securing private permanent financing acquired by the homebuyer. <br /> The closing attorney will be responsible for providing to the County Attorney an <br /> opinion on title indicating the recording information concerning the documents to be <br /> recorded and the fact that the Deed of Trust, upon its recording has a priority second only <br /> to current Orange County property taxes and the recorded Declaration of Restrictive <br /> Covenants. Also, evidence of title insurance must be provided to the County Attorney. <br /> Upon receipt of this documentation, the County will release its original Deed of <br /> Trust executed by Habitat by Humanity of Orange County, NC, Incorporated by Release <br /> Deed which will be delivered to the closing attorney for recordation. Subsequently, the <br /> associated Promissory Note will be cancelled at that time. <br /> g. The period of affordability will be 99 years and will be secured by a <br /> Declaration of Restrictive Covenants that will incorporate a right of first refusal that may <br /> be exercised by Habitat and/or Orange County. <br />