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202502087
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Last modified
4/22/2025 3:28:37 PM
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4/22/2025 3:28:37 PM
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DEEDS
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202502087
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202502087 <br />a refinancing, the Property continues to be subject to a deed restriction or other legally <br />enforceable retention agreement or mechanism as required by the Rules <br />b. In the case of a sale, transfer, assignment of title or deed, or refinancing of the Property before the <br />end of the Retention Period, the amount of AHP subsidy the Borrower is required to repay shall be <br />the lesser of: <br />The AHP subsidy, reduced on a pro rata basis per month until the unit is sold, transferred, or its <br />title or deed transferred, or is refinanced, during the AHP five-year retention period; or (ii) Any <br />Net Proceeds, as defined in the AHP IP, from the sale, transfer, or assignment of title or deed of <br />the unit, or the refinancing, as applicable, minus the AHP-assisted Household's Investment, as <br />defined in the AHP IP. <br />4. Repayment of HOPE Subsidy <br />a. In the case of sale, transfer, assignment of title or deed, or refinancing of the unit by a household <br />during the retention period, the household is required to repay the HOPE subsidy, reduced on a pro <br />rata per month basis until the unit is sold, transferred, or its title or deed transferred, or is refinanced, <br />during the HOPE five-year retention period. <br />b. No repayment is required if the unit is refinanced by the household if the unit remains subject to a <br />deed restriction or other legally enforceable retention agreement or mechanism. <br />5. The obligation to repay the Subsidy shall terminate after any event of foreclosure, transfer by deed -in -lieu <br />of foreclosure, an assignment of a Federal Housing Administration first mortgage to HUD, or death of <br />borrower. <br />6. The Subsidy is provided to Borrower as a grant, subject to the Retention Period. There is no obligation to <br />repay the Subsidy, except as described in this Agreement, and there shall be no interest charged on this <br />Subsidy. <br />7. Borrower agrees to properly record this Agreement with respect to the Property at Borrower's expense. <br />8. Upon request and satisfaction of the terms required by this Agreement, FHLBank agrees to release this <br />Agreement without charging a processing fee. Borrower agrees to record the release of this Agreement <br />at Borrower's expense. <br />9. Borrower waives the rights of presentment and notice of dishonor. Presentment means the right to require <br />FHLBank to demand payment of amounts due. Notice of dishonor means the right to require FHLBank to <br />give notice to other persons that amounts due have not been paid. <br />10. Borrower acknowledges FHLBank may request additional documentation to assist with finalizing any <br />refinancing or disposition of the Property that occurs during the Retention Period. <br />Borrower is advised to maintain documentation of the cost of any capital improvements made after the <br />household's purchase of the unit until the time of the subsequent sale, transfer, assignment of title or <br />deed, or refinancing; and the amount of principal on any mortgage senior to the AHP subsidy lien or other <br />legally enforceable AHP subsidy repayment obligation repaid by the household. Borrower agrees to <br />reasonably comply with any requests for additional documentation. <br />11. If any part of this Agreement is or shall be deemed violative of any applicable laws, rules or regulations, <br />such legal invalidity shall not void this Agreement, or affect the remaining terms and provisions of this <br />Agreement, and this Agreement shall be construed and interpreted to comport with all such laws, rules or <br />regulations to the maximum extent possible. <br />Page 3 of 4 Revised: February 1, 2025 <br />
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