Agmt15 Habitat for Humannity Greater San Francisco

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Habitat shall have the right to determine, after application of the basic eligibility requirements set forth herein, to select, in its sole discretion, the ultimate purchaser of each unit upon the exercise of the Right of Repurchase by Habitat or City. C. Occupancy Restrictions And Certification. During the Term of this Addendum, Grantee must occupy the Property as his or her principal residence. Grantee shall be presumed to be occupying the Property as his or her principal residence if Grantee is living in the Property for at least ten (10) months out of each calendar year. Grantee shall not rent or lease the Property to a third party for more than two months during any twelve-month period and shall not lease or rent the Property under any circumstances without providing Habitat with a copy of the lease or rental agreement and obtaining Habitat's written approval. Any lease or rental in violation of the provisions of this Addendum shall be prohibited and void. Except as so provided in this Addendum, all leasing or rental of the Property shall be a Transfer as defined in this Addendum, and subject to the provisions of this Addendum. Upon request from Habitat, Grantee shall submit to Habitat a certification that Grantee has occupied the Property as Grantee's principal residence for at least 10 months out of the preceding 12 month period and that during such period, Grantee has not leased or otherwise transferred possession of the Property or any portion of it without Habitat's prior written consent. d. Eligible Transfer/All Other Transfers Void. During the Term of this Addendum, every Transfer (as defined below) of the Property shall be subject to the provisions and conditions set forth in this Addendum. Grantee shall not Transfer (as defined in this subsection) any interest in the Property, except in strict compliance with the terms of this Addendum. Any Transfer without satisfaction of the provisions and conditions of this Section d shall be prohibited and void. "Transfer" shall mean any sale, conveyance, lease, assignment, pledge or other transfer of all or any portion of the Property or any interest therein, including allowing the recordation of a deed of trust or mortgage which creates a lien on the Property. Transfer shall not mean any of the following, provided that the transferee is bound by and agrees in writing to be bound by the terms of this Addendum, the Option Agreement, the first mortgage Deed of Trust, and the first mortgage Note, and to execute any new documents as required by Habitat: (a) Any sale or transfer by foreclosure or deed in lieu of foreclosure of a mortgage or deed of trust, provided that such mortgage or deed of trust is one which is expressly permitted and allowed under this Addendum; (b) Transfer by gift, devise, or inheritance to Grantee's spouse, children, or a household member on the original Habitat application if such transferee is a household with no greater than eighty percent (80%) of area median income, as determined by the United States Department of Housing and Urban Development the San Francisco metropolitan area; (c) Taking of title by a surviving joint tenant; (d) Transfer of title to a current spouse pursuant to divorce or dissolution proceedings; (e) Acquisition of title or interest therein through marriage; (f) Leasing, renting, assigning, or otherwise transferring right of possession of the Property with the express prior written consent of Habitat, which may be withheld or conditioned in Habitat's sole and absolute discretion; or (g) Transfers with the express prior written consent of Habitat, which approval may be withheld or conditioned in Habitat's sole and absolute discretion. ATTY/AGR/2019/AMENDMENTS/AMEND NO. 3 HABITAT FOR HUMANITY GREATER SAN FRANCISCO REV: 07-18-19 PR Page 8 of 13