Orange County NC Website
6 <br />1.2 Financial assistance in the amount of $50,000 for each dwelling unit for a total of <br />$100,000 in Federal HOME Program funding will be provided in the form of a deferred <br />loan with a forty (40) year loan term, forgivable at the end of 40 years. The HOME <br />Program investment will be secured by a Deed of Trust and Promissory Note. This Deed <br />of Trust and Promissory Note shall constitute a lien on the Property, second only to the <br />Declaration of Restrictive Covenants described in paragraph ~ of this Agreement, with <br />the County as the secured party beneficiary. The County agrees to subordinate its Deed <br />of Trust lien to ~ a lien securing private, first-time permanent financing obtained by <br />EmPOWERment, Tnc. at the time of purchase. <br />1.3 The period of affordability will be 99 years and will be secured by a Declaration of <br />Restrictive Covenants that will incorporate a right of first refusal that may be exercised <br />by EmPOWERment and/or Orange County. <br />1.~ EmPOWERment shall make certain that the seller is aware of their rights under the <br />federal Uniform Relocation Act prior to completing the sale of the property. The seller <br />must also complete a Lead Based Paint Disclosure Form if the property was built prior to <br />1978. <br />1.5 The property to be acquired must have a value that does not exceed 9S°Io of the area <br />median purchase price for that type of housing. <br />Value must be established by one of the following methods: <br />i. An appraisal by a qualified appraiser. <br />ii. Tax assessments may be used to establish value, but only if they are <br />current and can be computed at 100% of market value. <br />1.G An annual rental operations budget must be submitted to the County each year at least <br />sixty days prior to the July 1 beginning date for the fiscal year. Further, not more than 90 <br />days after the end of each fiscal year, EmPOWERment must furnish to the County an <br />annual accounting of income and expenses for each dwelling unit. The operating <br />assumptions allowed at the time of initiation of this project including reasonable rent <br />increases will be acceptable for future budgets and reports. Any excess cashflow must be <br />returned to the County within 90 days of the end of the fiscal year for deposit into the <br />local HOME Program Trust Fund for use in future affordable housing projects. <br />1.7 EmPOWERment agrees to lease the property to families whose income does not exceed <br />80°Io of the area median income by family size, as determined by the U.S. Department of <br />Housing and Urban Development and as amended from time to time. Monthly rents must <br />established in accordance with HOME Program guidelines. Residential leases will not <br />exceed one year in term. The Project must not cause displacement of existing tenants. <br />1.8 EmPOWERment is responsible for verifying the income of prospective tenants and <br />maintaining eligibility data. EmPOWERment shall maintain tenant files as part of its <br />Books and Records as required and for the period of time required by Section 5c. of this <br />