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201601922
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4/1/2016 3:20:11 PM
Creation date
4/1/2016 3:20:10 PM
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DEEDS
Inst Number
201601922
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This Agreement shall be properly recorded, at Borrower's expense, with respect to: <br />Lot Two (2), Block Two (2), Waggener Subdivision, in the City of Grand Island, <br />Hall County, Nebraska. <br />201601922 <br />(or as attached hereto as Exhibit A and made a part hereof) (the "Property ".) <br />Borrower hereby agrees to maintain ownership of and reside in the Property as primary residence for a <br />period of five years ( "Retention Period ") from the closing date for the purchase of the Property as evidenced <br />by the settlement statement, or, for owner - occupied rehabilitation projects, this agreement shall be effective <br />as of the date of the final, signed cost certification, and further agrees that: <br />1. FHLBank, at PO Box 176, Topeka, KS 66601 -0176, Attention: Housing and Community Development, is to <br />be given immediate written notice of any sale or refinancing of this property occurring before the end of the <br />Retention Period. <br />2. In the case of the sale of the Property before the end of the Retention Period (including a transfer or <br />assignment of the title or deed to another owner, subject to certain exceptions outlined herein), Borrower <br />shall repay to FHLBank from any net gain realized upon the Property after deduction for sales expenses, an <br />amount equal to the pro rata share of the Subsidy that financed the purchase, construction, or rehabilitation <br />of the Property reduced for every month the Borrower /Seller occupied the unit, as calculated by FHLBank per <br />the methodology found on FHLBank's website. If the purchaser is a very low, low -, or moderate - income <br />household, which is defined as having not more than 80% of the area median income, no repayment is <br />required. <br />3. In the case of a refinancing before the end of the Retention Period, an amount equal to a pro rata share of <br />the direct Subsidy that financed the purchase, construction, or rehabilitation of the property, reduced for <br />every month the Borrower occupied the unit, as calculated by FHLBank per the methodology found on <br />FHLBank's website, shall be repaid to FHLBank from any net gain realized upon the refinancing, unless the <br />property continues to be subject to a deed restriction or other legally enforceable retention agreement or <br />mechanism as required by the Rules. <br />4. In the case of a foreclosure, deed -in -lieu of foreclosure, or assignment of the first mortgage to the <br />Secretary of HUD, FHLBank must be given notice of such events, and the obligation to repay the direct <br />Subsidy to FHLBank shall terminate upon the final settlement or disposition of the foreclosure, deed -in -lieu of <br />foreclosure, or assignment. Upon the death of the Borrower, this terminates and there is no obligation to <br />repay the Subsidy. <br />5. Upon request and satisfaction of the terms required by this Agreement, FHLBank agrees to the release of <br />this Agreement, without charge to the Borrower. <br />6. Borrower waives the rights of presentment and notice of dishonor. Presentment means the right to <br />require FHLBank to demand payment of amounts due. Notice of dishonor means the right to require FHLBank <br />to give notice to other persons that amounts due have not been paid. <br />Page 2 of 3 Revised: December 22, 2015 <br />
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