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202500254 <br />reduced on a pro rata basis per month until the Property is sold, transferred, its title or deed <br />assigned, or is refinanced during the five-year Retention Period or (ii) any net proceeds from the <br />sale, transfer, assignment of title or deed, or refinancing of the Property, minus the AHP-assisted <br />household's investment in the Property. Owner acknowledges that Member has agreed to facilitate <br />reimbursement of the amount of the Subsidy to be repaid to the Bank. <br />5. Events of Non -Repayment. Owner hereby acknowledges the following: <br />(a) Affordable Housing Program Advance. In the event that Owner sells, <br />transfers, assigns the title or deed, or refinances the Property during the Retention <br />Period, and such Property was assisted with a permanent mortgage loan funded by <br />an Affordable Housing Program subsidized advance, then Owner shall not be <br />required to repay any portion of the Subsidy. <br />(b) Sale of Property to an Eligible Third Party. If Owner sells, transfers, or <br />assigns the title or deed to the Property, during the Retention Period, to a low- or <br />moderate -income household as determined by the Bank, then Owner shall not be <br />required to repay any portion of the Subsidy. For any sale, transfer, or assignment <br />of the Property, the Bank or the Member will determine the subsequent household's <br />income using a Bank approved sales price proxy set forth in the Bank's AHP <br />Implementation Plan, unless documentation demonstrating that household's actual <br />income is available. <br />(c) Refinancing during the Retention Period. In the event that Owner <br />refinances during the Retention Period, and the Property remains subject to the <br />encumbrance created by this Agreement, or another legally enforceable retention <br />agreement or mechanism as permitted under the AHP Policies, then Owner shall <br />not be required to repay any portion of the Subsidy. <br />(d) Amount of Repayment is $2,500 or Less. In the event that the amount of <br />repayment calculated pursuant to Section 4, above, is $2,500 or less, then Owner <br />shall not be required to repay any portion of the Subsidy. <br />6. Termination Events. Owner hereby acknowledges and agrees that the obligation to <br />repay the Subsidy to the Bank shall terminate after the occurrence of any of the following events, <br />which each shall constitute a Termination Event: <br />(a) In the event the Property is foreclosed upon or conveyed via transfer by <br />deed -in -lieu of foreclosure; or <br />(b) In the event of an assignment of the Federal Housing Administration first <br />mortgage to the U.S. Department of Housing and Urban Development <br />(c) Upon the death of Owner during the Retention Period, even if the Property <br />is transferred to the heirs of the deceased Owner by sale, transfer, <br />assignment, or otherwise. <br />