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capital improvements in the Property and may offset the Eligible Sales Price by the <br /> reasonable cost of repair on such damage. In order to be deemed a Qualifying <br /> Improvement, each improvement must satisfy the following qualifying criteria: <br /> • The cost of the improvement must exceed one percent (1%) of the original <br /> Purchase Price. <br /> • The improvements must have a remaining expected useful life of at least five (5) <br /> years beyond the completion of the proposed transfer. <br /> • The owner shall present substantiating documentation showing the original cost of <br /> materials and the original cost of labor for the improvement, and the date of its <br /> installation. <br /> l. AssiEnment of Excess Sales Proceeds. If the Property is sold or otherwise <br /> Transferred by the Owner, or any other party, in violation of the Eligible Household <br /> Purchase Addendum for more than the amount permitted under the Eligible Household <br /> Purchase Addendum, any proceeds of such sale or Transfer in excess of the Eligible Sales <br /> Price sha.11 be deemed assigned to Habitat. Habitat shall be entitled to bring legal action <br /> against any party who has derived any proceeds of sale in excess of the Eligible Sales <br /> Price, to recover any such proceeds of sale in excess of the Eligible Sales Price. There <br /> shall be established a lien on the title to the Property so that if such excess proceeds of sale <br /> are not paid to Habitat, upon its demand, then Habitat has the right to enforce said lien on <br /> the Property pursuant to California Civil Code §§2924 et seq. <br /> m. No Further Encumbrances. Along with the City of Redwood City restrictions <br /> for affordable ownership housing, the owner shall be allowed to encumber the Property <br /> with a single purchase money deed of trust, being the deed of trust in connection with the <br /> Habitat Loan. Encumbering the title to the Property with more than the restrictions in <br /> either the"Eligible Household Addendum" or the Addendum to Grant Deed Restriction <br /> for Affordable Housing" for affordable ownership housing and the Habitat Loan, except <br /> for an Approved Junior Lien, as set forth in the"Restrictions for Affordable Ownership <br /> Housing", if such is allowed, is prohibited, and sha11 constitute a default of the Eligible <br /> Household Purchase Addendum. <br /> n. Exercise bv Habitat upon a Default. The Right to Repurchase may be <br /> exercised by Habitat or, if Habitat does not exercise and right to repurchase, by the City or <br /> Redevelopment Agency of the City, within 60 days after a default is declared, upon a <br /> default under the Eligible Household Purchase Addendum or upon default under any <br /> promissory note or deed of trust or any other lien, including a judgment lien, recorded <br /> against the Property. Habitat shall have thirty (30) days after a default is declared to notify <br /> the owner of its decision to exercise its Right of Repurchase. No later than sixty (60) days <br /> after the certified mailing of the notice to exercises its option, Habitat sha11 purchase the <br /> Property for the Eligible Sales Price, less any liens or encumbrances on the Property <br /> required to result in free and clear title to Habitat, and the costs of sale. <br /> o. Excess Proceeds Paid From Creditor's Sale. If a creditor acquires title to the <br /> Property through a deed in lieu of foreclosure, a trustee's deed upon a foreclosure sale, or <br /> otherwise, the owner shall not be entitled to the proceeds of sale to the extent that such <br /> proceeds otherwise payable to owner when added to the proceeds paid or credited to the <br /> creditor exceed the amount owner would have received by a sale in accordance with the <br /> 6 <br /> _... � , __ . _,. . . . .....�_ ._. _.�.__... ,__. . <br />