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RecDoc2022-081041 1231 Warren St. #105
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RecDoc2022-081041 1231 Warren St. #105
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Last modified
12/21/2022 11:43:38 AM
Creation date
12/21/2022 11:42:07 AM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Occupancy, refinancing and release restriction
Doc Num
2022-081041
Rec Date
11/22/2022
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B. Inheritance. In the event a Transfer occurs by devise or. inheritance due to <br />death of the Owner, the administrator of the Owner's estate or the person inheriting the <br />Home shall provide written notice to the"City of the Owner's d ' e'ath within thirty (30) days of <br />the date of death and the following procedures shall apply: <br />(1) The person inheriting the Home (the "Inheriting Owner") shall provide <br />the City with income information, to be verified by the City, so, that the City may determine <br />if the Inheriting Owner is an "Income Eligible Household." The Inheriting Owner shall be <br />an Income Eligible Household if at the time the Inheriting Owner takes, possession of the <br />Home, his or her household is in the same Income Category as Owner as set forth on page I <br />of this Agreement. 'If the Inheriting Owner fails to provide required financial inf6rmation <br />and/or documentation within thirty (30) days of taking possession of the home, he or she <br />shall be deemed not to qualify as an Income Eligible Household. If the ;Inheriting Owner <br />qualifies . as an Income Eligible Household, he or she shall succeed to the Owner's interest <br />and obligations under this Agreement'and . the City Deed of Trust, provided that, unless the <br />Inheriting Owner is a surviving spouse Qr,Domestic Partner, the. Inheriting Owner shall sign <br />a new buyer's Occupancy, Refinancing, and Resale Restriction Agreement with Option to <br />Purchase restricting future resale with a new forty-five (45) year Term, and a new City Deed <br />of Trust. In the event the Inheriting Owner is a surviving spouse or Domestic Partner, that <br />Inheriting Owner shall enter into a new buyer's Occupancy, Refinancing, and Resale <br />Restriction Agreement with Option to Purchase restricting future resale that will remain in <br />effect for the remainder of the Tenn of this Agreement, and a new CityDeed of Trust. The <br />new documents shall be executed between the Inheriting Owner and the City and recorded <br />against the Home. If the Inheriting Owner fails to qualify as an Income Eligible Household, <br />he or she shall be required to Transfer the Home to an Eligible Purchaser at a price not <br />exceeding the Maximum, Allowable Resale Price, pursuant to the procedures set forth in <br />Sections 7 through 13 below and the City may exercise the City, Option pursuant to Section <br />10 below, and must provide the City with Owner's Notice of Intent to Transfer within sixty <br />(60) days, of taking possession of the Home. The Inheriting Owner may own and occupy the <br />Home while conducting the resale process in, accordance with Sections 7 through 13, <br />provided that the Inheriting Owner remains in compliance with the requirements of this <br />Agreement and the City Deed of Trust.: The Inheriting Owner shall not be required to <br />occupy the Home during this time period, but shall not rent the Home except as provided in <br />Section 3B above, <br />(2) Failure of an Inheriting Owner to follow the procedures andfile the <br />notices described in this Section 6 shall constitute a Default under this Agreement and the <br />City may then exercise any of the remedies set forth in Section 15 below, including, without <br />limitation, exercise of the City Purchase Option upon Default. <br />7. NOTICE OF INTENDED TRANSFER: PREPARATION OF HOME FOR SALE <br />A. In the event the Owner intends to transfer (including without limitation all <br />"Transfers" as defined in Section 6) or vacate the Home, the Owner shall promptly give the <br />City written notice of such intent (the "Owner's Notice of Intent to Transfer") in the form <br />shown in the attached Exhibit D. The Owner shall- give the City the 'Owner's Notice of <br />Intent to Transfer prior to notifying real estate brokers or lenders of Owner's intent to <br />REV: 06-30-22 SK <br />ATTY/AGR.2022,166/Hugo Alberto Zarco Vargas & Andrea Vergara Cardenas (Page 8 of 40) <br />
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