RHA - Item 2 – Adoption of Guidelines for First-time Homebuyer Program :Rosemead Housing Development Corp.
RHDC 8838 Valley Blvd., Rosemead, CA 91770 (81B) 288-6671 Telecopier 5183079218
TO: HONORABLE CHAIRMAN
AND MEMBERS
ROSEMEAD HOUSING DEVELOPMENT CORPORATION
FROM: FRANK G. TRIPEPI, EXECUTIVE DIRECTOR
DATE: APRIL 7, 1998
RE: ADOPTION OF GUIDELINES FOR FIRST-TIME HOMEBUYER PROGRAM
Attached for the Housing Development Corporation's review is a copy of the proposed guidelines
for the City of Rosemead's First-Time Homebuyer Program. The documents attached represent the
fourth draft of the guidelines. The guidelines were reviewed originally by the members of the
Housing Development Corporation several months ago. Since that time, staff, in conjunction with
GRC Associates has made several changes to the guidelines addressing the members' stated
concerns. Among the issues addressed is a maximum occupancy number for each unit purchased
under the program and an improved explanation of the income standards established by California
Redevelopment Law and updated annually.
The First Time Homebuyer Program is designed to increase home ownership for Low to Moderate
income families who will occupy the property as their principal residence. As the members of the
Corporation are aware,the program would be funded from the Low and Moderate Housing Set Aside
funds mandated by California Redevelopment law(Section 33400 of the Health and Safety Code).
Accordingly, the City must provide the program for applicants who fall within Moderate, Low or
Very Low income levels, as defined by HUD. In addition, it is important to note that the City is
limited on the residency standard that it may require of applicants. Like the requirements used in
qualifying residents of the Angelus Senior Housing project,the City may impose no more than a six
(6)-month residency requirement for persons attempting to use the First-Time Homebuyer Program.
Program Structure
Staff envisions the First-Time Homebuyer program as a"gap financing"tool that will assist qualified
buyers with the down payment for a home in the community. Applicants are expected to work with
a lender of their choice and would be expected to qualify for the necessary home mortgage loan .
based on their own employment and income situations. The First-Time Homebuyer Program is
intended mainly to assist persons or families that are able to qualify for a home mortgage loan, but
are simply not able to come up with the full amount of the down payment necessary for most home
purchases. The Housing Development Corporation would loan the necessary funds to qualified
HOUSING AGENDA
APR 141998
ITEM No. 02 •
First-Time Homebuyer Program Guidelines
April 7, 1998
Page 2.
individuals and the funds will be paid back with interest upon sale or transfer of the property. The
maximum amount of assistance provided would be $20,000. In this way, the City (through the
Housing Development Corporation) would be able to "protect" its investment by providing the
needed "gap financing" to persons who have the income and employment history necessary for
successful home ownership. Following is a brief outline of how the program would work:
1. The Rosemead City Council, acting as the Rosemead Housing Development
Corporation will qualify potential homebuyers in compliance with the guidelines
adopted by the Corporation;
2. Potential buyers would select a home they want to purchase and provide
documentation from a qualified lending institution that they have qualified for a
home mortgage loan, but require assistance from the City for the down payment
necessary to purchase a home in the community;
3. The Rosemead City Council, acting as the Rosemead Housing Development
Corporation, would provide funding to make up the difference between the
amount a household has in the bank and the amount required for a down payment
on the home they seek to purchase;
4. The individual or family seeking to purchase the home provides numerous
assurances with respect to income,household occupancy and the minimum time
that families are expected to live in the home;
5. The assurances will be recorded as covenants and restrictions with the County
Recorder's office to protect the City's interests.
Examples of Program Operation
The following is theoretical breakdown of costs regarding the program for Moderate Income
households. The examples discuss the projected cost of the house and the levels of financial
participation by both the applicant and the Housing Development Corporation.
Example: Moderate Income Household
Purchase Price of Unit: $184,000
Applicant provides 5% down payment: 9,200
Closing costs (2 points): 3 700
Total initial costs to purchase,including
down payment and points: 12,900
Applicant provides $5,000 toward down: -5 000
Total required assistance from City: $7,900
First-Time Homebuyer Program Guidelines
April 7, 1998
Page 3.
From time to time,the Council may decide to earmark some areas of the City as a designated"Target
Neighborhood" and provide additional incentives for home ownership in those areas. A Target
Neighborhood is one which has experienced a decline in the rates of home ownership and
maintenance. At the same time, such neighborhoods may have experienced an increase in code
enforcement violations and crime. As such,it is reasonable that the Council might choose to provide
additional incentives that would provide inducements that would promote home ownership in the
area and would allow Low and Very Low Income households to participate in the First Time
Homebuyer Program. The following is an example of how such households would be able to
participate and the levels of assistance that might be required from the City:
Example: Low Income Household
Purchase Price of Unit: $98,000
Applicant provides 2%% down payment: 2,450
Closing Costs (2 points): 1 960
Total initial cost to purchase unit: 4,410
Applicant provides $500 toward down: -500
Remaining amount needed to purchase : 3,600
Before lender will close mortgage loan,
required improvements must be made
to the unit: 99500
Total required assistance from City: $13,410
Example: Very Low Income Household
Purchase Price of Unit: $80,000
21/4% down payment: 2,000
Closing Costs (2 points): 1 600
Total initial cost to purchase unit: 3,600
Applicant has no money in the bank: 0
Remaining amount needed to purchase: 3,600
Before lender will close the mortgage loan,
required improvements must be made to
the unit: 9 500
Total funds required to purchase unit: 12,100
Estimated write down cost to make it
affordable: 6,400
Total required assistance from City: $18,500
First-Time Homebuyer Program Guidelines
April 7, 1998
Page 4.
Please note that the above cost breakdowns were provided as examples only. The Housing
Development Corporation is free to provide such incentives, or to simply limit the program to
Moderate Income households that may want to participate in the program and purchase lower cost
housing in such neighborhoods. However, should the City choose to create Target Neighborhoods
and provide opportunities for Low and Very Low Income households,that option remains open. The
Housing Development Corporation would not commit itself one way or the other if it chooses to
adopt the attached draft guidelines as written.
Projected Participation in the Program
During a one-year period examined originally in 1996/97, 172 homes were sold in the City of
Rosemead. Of that number, 119 were sold at a price that would have been within the reach of
Moderate Income households, as defined in the attached material. Therefore,affordability is not in
issue for Moderate Income households seeking to participate in the First-Time Homebuyer Program
and purchase a home in Rosemead. For Low and Very Low Income households, the numbers are
not so encouraging. Last year, 31 houses were sold that would have been within reach for those
households. Therefore,housing ownership opportunities are limited for Low and Very Low Income
households; but, as stated previously not completely out of the question.
It should be noted that staff has received many telephone calls from Realtors, lenders and residents
over the past several months requesting information about a first-time homebuyer program. All
seem enthusiastic about such programs and will, assuredly provide a steady stream of
customer/applicants. Therefore,it appears that minimal publicity for the program would be required.
It is likely that actual participation will be limited only by staffs ability to review and verify
application information and the amount of funding provided by the Council. Staff estimates that the
City could assist initially between 10 and 20 households per year, depending on the size of the
program. For this fiscal year, the Council set aside $250,000 in the Housing Development
Corporation budget. The program would not be fully on-line until the beginning of the next fiscal
year. However, this year's budget includes a line-item amount of $250,000 to get the program
started.
RECOMMENDATION:
Staff recommends the the Rosemead Housing Development Corporation adopt the attached
guidelines for a First-Time Homebuyer Program and authorize staff to proceed with the program as
described in the guidelines.
wnnil hbip9Siia
Rosemead Housing Development Corporation
HOME P ' : SE PROGRAM
A Pro! .I First Time Homebuyers
Guidelines & Procedures Manuel
March 1998
TABLE OF CONTENTS
Section 1. Introduction 1
A. Program Overview 1
B. Program Goals 2
C. Program Administration 3
Section 2.Program Guidelines 4
A. Location of Program Activity 4
B. Eligible Participants 4
1. Income Limits 4
2. First Time Homebuyer 5
3. Maximum Liquid Assets 5
C. Eligible Property 5
D. Affordable Housing Costs 6
E. Occupancy Standards 8
F. Covenants and Restrictions 8
1.Maintenance Covenant 8
2. Criminal Activity Covenant 8
3.Affordability Covenant 8
4. Residential Overcrowding Restriction 9
5.Time Periods Required for Covenants 9
6. Compliance Monitoring 9
G. Participation Priorities 9
H. Financing 10
1. First Deed of Trust 10
2. Second Deed of Trust 10
3. Prohibition of Co-Signors 12
4. Prohibition of Additional Deeds of Trust 12
5. Insurance 12
6. Use of Proceeds _ 12
I. Rehabilitation Loans 13
J. Amendments 13
Section 3. Educational Services 14
A. About the Educational Program 14
B. Referral Services 14
i
Section 4. Program Procedures 15
A. Initiation and Submission 15
B.Applicant Intake and Eligibility Determination 15
1. Pre-Screening 15
2. Application 15
3. Verification and Eligibility Determination 17
4. Lender Process 17
5. Processing 17
C. Other Programmatic Requirements 17
1. Bonus, Commission or Fee 17
2. Conflict of Interest 17
3. Disclosure of Information 18
5. Equal Opportunity Policy 18
6. Fire and Flood Insurance Requirements 18
7. Lead Base Paint Notification 18
8. Historic Preservation 19
9. Conflict Resolution 19
List of Tables
Table 1 -Maximum Income Qualifications for Los Angeles County, 1998 4
Table 2 -Maximum Housing Costs By Units Size and By Income Category for Los
Angeles County, 1998 7
Table 3 - Terms of Corporation Loan 11
ii
Rosemead Housing Development Corporation
Home Purchase Program
•
Section 1. Introduction
A. Program Overview
This document summarizes the Rosemead Housing
Development Corporation's (the "Corporation") Home Purchase
Program (the "Program"). This Program was established to
assist in the removal of certain barriers to homeownership that
exist within the community. Property values that are too high
and personal savings that are too little to permit families to
become homeowners are the barriers that this Program is
intended to overcome.
The Program has been designed to benefit individual households
and properties located within the City of Rosemead (the "City")
by providing a financing tool for those unable to afford
homeownership. Participation in this Program is reserved for
low- and moderate-income households that could not enjoy the
benefits of homeownership without Program assistance.
This Program is funded by the Rosemead Redevelopment
Agency (the "Agency") through the Corporation.
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B. Program Goals
The Corporation understands that neighborhoods containing a
high proportion of owner-occupied single-family properties
remain more economically stable and more physically attractive
than comparable neighborhoods with a higher percentage of
investor-owned single-family housing. The pride of ownership
evident among many owner-occupants can increase
neighborhood property values and enhance the local property
tax base.
Homeowners' long-term commitment to a "home" and to the
neighborhood as a whole can also result in lower subsequent
public expenditures for property rehabilitation. Affordable
homeownership provides benefits to low- and moderate-income
families as well as the communities in which they live.
The goals of the Program are:
1. To encourage home ownership and increase the number of
owner-occupied single-family properties in the community;
2. To preserve and =affordable housing opportunities
within the community;
3. To beautify neighborhoods;
4. To make neighborhoods safe; and
5. To instill neighborhood pride.
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C. Program Administration
To the extent possible, all requests for assistance and Program
inquiries will be coordinated through the City Manager's office.
The Administrative Services Director (the "Program Manager")
will manage the day-to-day activities of the Program and will
assist the applicant in making applications for financial
assistance. This will allow a single source of contact with the
public, and will enable the Corporation to allocate the resources
of the Program to the mutual benefit of the applicant and the
Corporation.
The Corporation will conduct out reach to all households within
the City and to all City employees to make potential homebuyers
aware of the Program. This outreach will be in the form of
published notices and printed brochures outlining the Program
and application procedures. Participation in the Program will
be on a first come, first served basis, although certain priorities
have been set if more than one application is pending at a time.
Once potential buyers submit applications for assistance, the
Corporation will conduct a screening and selection process. This
five-step process includes: 1) Determination of the eligibility and
priority status of the applicant; 2) Selection of eligible
applications; 3) Qualification by the lender for the first trust
deed loan; 4) Eligibility of the property; and 5) Execution of the
first and second trust deed loans.
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Rosemead Housing Development Corporation
Section 2. Program Guidelines
A. Location of Program Activity
The Program will operate throughout the City of Rosemead.
B. Eligible Participants
The Program is designed to increase the level of affordable
homeownership for low- to moderate-income households. As
such, the Program is limited to first-time homebuyers who will
occupy the property as their principal residence.
1. Income Limits
In order to qualify for the Program, an applicant's total
combined gross household income cannot exceed 120% of area
median income ("AMI") adjusted for family size as follows:
Table 1 - Maximum Income Qualifications for Los Angeles
County, 1998
Income l person 2person 3person 4person &person 6person
Level household household household household household household
Very Low $17.950 $20,500 $23,100 $25,650 $27,700 $29,750
Lower $28,750 $32,850 $36,950 $41,050 $44,300 $47,G00
Median $35,900 $41,050 $46,150 $51,300 $5$,400 $59,500
Moderate $43,100 $49,250 $55,400 $61,550 $66,450 $71,400
Source: Health&Safety Code,Section 50052.5
GRC Associates,Inc.
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Rosemead Housing Development Corporation
The maximum income a household may earn to qualify for
Program participation is established and published by the
California Department of Housing and Community
Development. These income standards are adjusted annually.
Each year the Program Manager will update the program
income requirements (Table 1) to reflect any adjustments to
these income limits.
2. First Time Homebuyer
An applicant is a first time homebuyer for the purposes of this
Program if any of the following apply:
A. Applicant has not owned a residential property at any
time during the thirty-six (36) months immediately
preceding the date of the applicant's initial application
for a loan.
B. Borrower is a single parent with custody or joint
custody of one or more minors.
3. Maximum Liquid Assets
The applicant's liquid assets cannot exceed the sum of (i) the
portion of the down payment to be paid from applicant's
personal funds; (ii) the portion of the closing costs to be paid
from the applicant's personal funds; (iii) an amount equal to six
months' payments of principal and interest on the first trust
deed; and (iv) Five Thousand Dollars.
C. Eligible Property
Property that will serve as the principal residence of the
purchaser can be used in this Program. This includes:
1. Single-family home (one unit); and
2. Condominium unit (in a single-family or multifamily
building).
The dwelling unit purchased must be located within the City of
Rosemead. An independent third party inspector at buyer or
seller's expense must inspect all properties. The condition of the
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Rosemead Housing Development Corporation
property as reported by such inspector must satisfy the
standards established by the institutional lender funding the
first trust deed loan. In addition, any serious code violations or
other health and safety deficiencies reported by such inspector
must be corrected as a condition precedent to funding the
Program assistance.
D. Affordable Housing Costs
California Redevelopment Law establishes the maximum
allowable amount qualified participants may pay for housing
related expenditures when participating in a redevelopment-
funded owner-occupied housing program. The maximum amount
a household may spend on housing-related costs is shown in
Table 2.
"Housing-cost" is defined as the estimated monthly cost for
housing-related expenses for a twelve (12) month period. In
calculating housing costs, all of the following expenses
associated with the financing and maintenance of the home
shall be included:
1. Principal and interest on a mortgage loan including any
rehabilitation loans, and any loan insurance fees;
2. Property taxes and assessments;
3. Fire and casualty insurance covering replacement value of
property improvements;
4. Property maintenance and repairs;
5. A reasonable allowance for utilities; (Utility allowances are
provided by the County of Los Angeles and are updated
annually.)
6. Homeowners Association fees.
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Rosemead Housing Development Corporation
Table 2 - Maximum Housing Costs By Units Size and By
Income Category for Los Angeles County, 1998
For Very Low Income Buyers:
1 bedroom, $513
2 bedroom $577
3 bedroom $641
4 bedroom $693
5 bedroom $744
For Lower Income Buyers:
1 bedroom $718
2 bedroom $808
3 bedroom $898
4 bedroom $970
5 bedroom $1,041
For Moderate Income Buyers:
1 bedroom $1,317
2 bedroom $1,481
3 bedroom $1,646
4 bedroom $1,777
5 bedroom $1,909
Source: GRC Associates,Inc.
Health&Safety Code,Section 50052.5
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Rosemead Housing Development Corporation
Housing cost limitations vary depending on the income category
an applicant falls within and the size of the unit being
purchased. To determine the appropriate total monthly housing
costs, the applicant must contact the Program Manager.
E. Occupancy Standards
The dwelling unit must be used as the principal residence of
the applicant and applicant's family and for no other purpose.
The maximum occupancy of the dwelling unit shall not exceed
two persons per bedroom plus one.
F. Covenants and Restrictions
Maintenance, criminal activity and affordability covenants are
required as a condition of the Home Purchase Program
participation. It is required that these convenants or
restrictions be recorded in the office of the county recorder for
each parcel or unit of real property subject to these covenants.
1. Maintenance Covenant
A maintenance covenant is a promise to maintain the property
and improvements in a reasonable manner and consistent with
community standards which will uphold the value of the
property.
2. Criminal Activity Covenant
A criminal activity covenant is a promise to keep the property
free from drug-related activities or from other felonious criminal
activity or public nuisance.
3. Affordability Covenant
An affordability covenant is a promise to maintain ownership of
the property for a specified period of time, or a promise to sell
only to a low- and moderate-income buyer at an affordable
housing cost.
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4. Residential Overcrowding Restriction
A restriction against residential overcrowding will be required
as a condition of participation in the Home Purchase Program.
Single-family and owner-occupied residences are housing units
intended and used for occupancy by one household. A household
as defined by the Program must occupy the housing unit.
5. Time Periods Required for Covenants
Pursuant to an affordability covenant, the housing unit assisted
by the Program must remain available at affordable housing
costs to persons and families of low- or moderate-income for the
longest feasible time, but for not less than ten (10) years. All
other covenants and restrictions must remain in effect in
perpetuity.
6. Compliance Monitoring
California Redevelopment Law requires the Corporation to
monitor, on an annual basis, compliance with the requirements
of this Program. Program participates must agree to the
Corporation's Compliance Monitoring Procedures as setforth in
the Program Procedures.
G. Participation Priorities
Households currently residing in the City of Rosemead,
employees of Rosemead businesses, and employees of the City of
Rosemead, who qualify to participate in the Program, shall be
given priority status during the application intake and the loan
approval processes.
A ranking system has been developed which reflects these
priorities. Points are allocated based upon the length of
residency, employment, and public service within the City--with
the greatest emphasis in the length of residency.
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H. Financing
Financing the purchase of a unit is provided under two financial
instruments: 1) a First Trust Deed held by a private
institutional lender; and 2) a Second Trust Deed held by the
Corporation.
1. First Deed of Trust
In order to finance a home under this Program, applicants must
obtain a mortgage loan secured by a First Deed of Trust from a
private lending institution. Institutional lenders approved by
the State of California may participation in the Program. The
financial criteria used by the private lender may be different
and possibly more stringent than that used by the Corporation.
Default in payments on the first mortgage will also cause a
default in the second trust deed loan, and may result in
foreclosure.
a. Downpayment
A minimum downpayment of five percent (5%) of the
home purchase price is required from participant's own
funds unless the Lender permits a portion of the
downpayment, not to exceed two percent (2%) of the home
purchase price, to come from a gift.
2. Second Deed of Trust
While the first mortgage loan is obtained from a private lender,
with conventional terms of financing, the second mortgage is
provided by the Corporation under the following terms:
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Table 3- Terms of Corporation Loan
1. Maximum assistance $20,000
2. Number of Years Fifteen(15)
3. Interest rate 0% interest for the first five (5) years and
three percent (3%) interest in years 6
through 15.
4. Loan to Value Total encumbrances (the sum of the first
lien and the Corporation Loan) may not
exceed ninety-five percent (95%) of the
current fair market value of the property as
determined by the private lender's
appraisal.
5. Security Subordinated second trust deed.
6. Repayment schedule Principle & interest payments will begin in
year 6 and will be amortized through year
15. Due upon resale or transfer of property
unless arrangements approved by
Corporation.
7. Loan Assumption The Corporation Note is assumable by a
successor-in-interest in the following
circumstances:
(i) Upon sells or transfer of the Property to
a qualified participant;or
(ii) Assumption of ownership by a surviving
spouse upon death of the spouse; or
(iii) If Corporation approves assumption of
the Loan in its sole and absolute discretion.
8. First Right of Refusal Upon a proposed sale, the Corporation shall
have the right of first refusal to purchase
the Property.
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3. Prohibition of Co-Signors
There will be no co-signing for the Corporation loan by non-
applicants. All applicants and co-applicants shall meet all of the
eligibility requirements for a Corporation loan.
4. Prohibition of Additional Deeds of Trust
Without the consent in writing of the Corporation, the property
cannot be used to secure a debt other than the first mortgage
held by a private lender and the second held by the Corporation.
5. Insurance
The Corporation will require that the applicant maintain,
during the term of the Corporation Loan, an all-risk property
insurance policy insuring the property in an amount equal to the
full replacement value of the structures on the property. The
Corporation will obtain Loss Payable Endorsements to said
policies.
Any certificate of insurance must be, in form and content and
with insurance companies, approved by Corporation.
6. Use of Proceeds
Assistance from a Home Purchase Loan can be used in various
ways including:
1. Write down of purchase price;
2. Down-payment;
3. Closing costs, which shall not exceed the greater of (i)
three percent (3%) of the sales price, or (ii) Five Thousand
Dollars ($5,000.00); and
4. Rehabilitation.
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L Rehabilitation Loans
When all or a portion of the proceeds of a Corporation Loan are
used to rehabilitate property, the guidelines and procedures for
a rehabilitation loan shall comply with the existing guidelines
and procedures utilized by the City of Rosemead in its current
rehabilitation program.
J. Amendments
These guidelines may be changed in the future by action of the
Corporation. The Executive Director of the Corporation is also
given discretion to make certain technical changes to these
guidelines as the program is implemented if those changes are
necessary due to regulatory changes, either by the State of
California, or a private lender, or are administrative in nature.
The Executive Director will report to the Corporation on any
such changes.
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Section 3. Educational Services
A. About the Educational Program
The Corporation understands that the success of the Program
depends on the Corporation's ability to clearly communicate the
benefits of responsible homeownership. For this reason, various
education programs that focus on the needs of homeowners will
be provided to families who participate in this Program. These
educational programs include referral services for matters
relating to housing or neighborhood improvement, educational
workshops, and volunteer opportunities.
The City Manager's Department will be sponsoring educational
seminars on budgeting, the home purchasing process, property
maintenance, and other subject matters related to purchasing,
and owning a home. Seminars will also be held which explain
the City's code enforcement, planning and building inspection
processes, and the Neighborhood Watch programs.
B. Referral Services
The City Manager's Department will maintain a list of agencies
that provide housing-related services to homeowners.
Information regarding the Community Reinvestment Act, Fair
Housing Foundation, Section 8 and graffiti removal programs
are some examples of the information that will be available
through the program.
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Section 4. Program Procedures
A. Initiation and Submission
The Corporation announces the initiation of the Home Purchase
Program and conducts outreach to all households within the
City.
Upon commencement of the application process, interested
persons will be required to complete the information contained
in the application packet.
B. Applicant Intake and Eligibility
Determination
1. Pre-Screening
To the extent possible, prospective applicants shall be pre-
screened for basic eligibility requirements over the telephone by
calling the City Manager's Department at (626) 288-6671. The
Corporation shall maintain a log of such calls. If the prospective
applicant believes he/she may be qualified to participate in the
Program an application will be mailed to the interested party.
2. Application
Prospective applicants must return completed applications to
the Program Manager at the City offices located at 8838 East
Valley Blvd., Rosemead, CA 91770. Applicants are requested to
carefully read this Program and Procedure Manual and will be
required to sign a statement on the application that he/she has
read the Manual and based on the requirements hereof believes
that he/she is eligible for a Corporation Loan; and, in the event
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Rosemead Housing Development Corporation
assistance is awarded, shall comply with the procedures and
requirements set forth herein.
Each application must be completed in its entirety, including
signature(s) of all borrowers, and submitted together with all of
the required documentation to be considered complete and
eligible for review by the Program Manager. All complete
applications will be date stamped when received. Incomplete
applications will not be processed until all requested
information is submitted. The applicant shall submit all
documentation required for a complete application, including the
following:
• Authorization for Release of Information.
• Such other documentation as may be requested by City staff.
Applications will be reviewed in a two-step process. Applications
from households currently residing in the City of Rosemead and
from employees of the City will be reviewed first in the order in
which they are received. Following the review of the priority
applications, all other applications will be reviewed in the order
in which they are received. The Corporation will maintain a
waiting list for all prospective clients.
Unqualified applicants shall be notified by letter of their
ineligible status.
Within the time frame established for the application process,
application packets are submitted for review and screening.
Failure by applicants to comply with application procedures will
result in disqualification. The qualification of an application
shall not be final and the rights to a Corporation Loan shall not
vest until the applicant and the Corporation, or its authorized
designee, have executed a Loan Agreement and related loan
documents.
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3. Verification and Eligibility Determination
Upon funding availability, the Program Manager shall contact
qualified applicants to schedule an initial interview at the City
offices to review applicant's file' to review the procedure of
verifying Program eligibility and outline the procedures of the
Corporation Loan.
The Corporation shall verify all application information.
Applicants will be notified in writing regarding eligibility status.
Applicant is given a letter of qualification for lender, showing
amount of assistance available.
4. Lender Process
The applicant is qualified for First Trust Deed by the lender.
The First Trust Deed and the Second Trust Deed are executed
and escrow closes.
5. Processing
As a goal, processing time from the date the Corporation
determines that the applicant is eligible for assistance under the
Program until a loan is approved or denied shall be a maximum
of sixty (60) days.
C. Other Programmatic Requirements
1. Bonus, Commission or Fee
The applicant shall not pay any bonus, commission or fee, for
the purpose of obtaining approval of the loan application, or for
any other approval or concurrence required by the Corporation,
2. Conflict of Interest
No Corporation Loan will be granted to any member of the
governing body of the Corporation, nor any designee of the
Corporation, who exercises any functions or responsibilities in
connection with the administration of the Program; no member
Home Purchase Program Guidelines&Procedures Manual •17
Sixth Draft:March,1998
Rosemead Housing Development Corporation
of the above stated organizations shall have any interest, direct
or indirect, in the proceeds from the Corporation Loan or in any
contract entered into by the applicant for the performance of the
work financed, in whole or in part, with the proceeds of the loan.
3. Disclosure of Information
The Corporation is a public agency and any information or
records submitted or released to it by the applicant upon the
consent of the applicant may be public records and subject to
disclosure under the Public Records Act, Government Code
section 6250 et seq.
5. Equal Opportunity Policy
The Corporation shall not discriminate upon the basis of sex,
age, race, creed, color, religion, national origin, marital status,
ancestry or physical handicap in accepting applications and
processing Corporation loans.
6. Fire and Flood Insurance Requirements
Applicants are obligated to carry sufficient fire insurance
coverage (and flood insurance where applicable) on the property
to be purchased/rehabilitated under this Program, prior to any
loan assistance. Minimum fire insurance coverage for each
dwelling unit must be equivalent to the value of dwelling
including rehabilitation improvements, if applicable. Uninsured
applicants must obtain coverage in the required amount prior to
receiving assistance. Applicants in a 'Flood Hazard Area' will be
required to purchase flood hazard insurance.
7. Lead Base Paint Notification
The Corporation as part of the application process shall provide
a Lead Base Paint Notification to all applicants. Such notice
shall be signed and dated by the applicant and a copy shall be
maintained in the project file. A Lead Base paint inspection
shall also be performed as part of the initial inspection.
Home Purchase Program Guidelines&Procedures Manual •18
Sixth Draft:March,1998
Rosemead Housing Development Corporation
8. Historic Preservation
In order to comply with section 106, National Historic
Preservation Act of 1966 as amended (1 6 U.S.C. 470) and CDC
guidelines, the Corporation shall prepare a Basic Property
Identification Form for each structure to be improved. When the
subject structure is determined to be fifty (50) years old or older,
such form shall be accompanied by a set of four (4) photos, and
shall be submitted to the Corporation for review and clearance.
9. Conflict Resolution
Complaints concerning the Program must be in writing and
addressed to the Program Manager. The Program Manager will
contact the complainant and attempt to resolve the problem. A
written response will be made within thirty (30) days of receipt
of a written complaint. If the complainant is not satisfied after
the written response, a complaint may be filed with the
Corporation's Executive Director who will schedule a meeting
with the Program Manager. A written response by the
Corporation's Executive Director will be made within fifteen (15)
working days of the receipt of the complaint.
Home Purchase Program Guidelines&Procedures Manual •19
Sixth Draft:March,1998
RECORDED AT THE )
REQUEST OF AND WHEN )
RECORDED RETURN TO: )
)
Rosemead Housing Development )
Corporation )
City Hall )
8838 East Valley Blvd. )
Rosemead, CA 91770 )
Attention: Executive Director )
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
(EXEMPT FROM RECORDING FEE PER GOV. CODE 56103)
LOAN AGREEMENT
LOAN AGREEMENT
ROSEMEAD HOUSING DEVELOPMENT CORPORATION
THIS LOAN AGREEMENT (the "Agreement") is made this day of
19 ("Effective Date"), by and between
("Borrower") and the ROSEMEAD
HOUSING DEVELOPMENT CORPORATION ("Corporation").
RECITALS
A. Borrower has entered into an agreement (the "Purchase Agreement") to
purchase a single family home, condominium, or townhome, located at
Rosemead, California, and more particularly
described in Exhibit "A" attached hereto and incorporated herein (the "Property").
B. Corporation desires to assist persons and families of moderate-income or
lower-income as defined by California law ("Eligible Persons and Families"), and who are
"first time homebuyers" (as defined in Section 3 of this Agreement) to purchase residential
real property and to increase, improve, and preserve the supply of moderate-income and
lower-income housing available at affordable housing cost (as defined in Health & Safety
Code §50052.5) within the territorial jurisdiction of Corporation in accordance with the
Community Redevelopment Law (California Health and Safety Code Sections 33000 et
seq.).
C. To promote these goals, Corporation has established a Home Purchase
Program (the "PROGRAM") under which the Corporation may provide Eligible Persons and
Families who are first time homebuyers with down payment assistance in the form of a
loan from PROGRAM funds secured by a second lien deed of trust on the Property.
D. Corporation wishes to lend and Borrower wishes to borrow PROGRAM funds
in the form of a downpayment assistance loan secured by a second lien deed of trust (the
"Corporation Loan") to assist Borrower in purchasing the Property pursuant to PROGRAM
requirements and subject to the terms and conditions set forth herein. The Corporation
Loan constitutes a loan by Corporation to Borrower, effective as of the date Borrower closes
escrow to acquire the Property, and repayable by Borrower to Corporation in accordance
herewith.
NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and
promises hereinafter contained, and for good and valuable consideration, the receipt and
sufficiency of which is acknowledged by both parties, Corporation and Borrower agree as
follows:
1. Corporation Loan.
Corporation shall loan to Borrower, and Borrower shall borrow from Corporation, a
loan (the "Corporation Loan") the amount of Dollars
($ ) subject to the conditions and restrictions set forth herein and those
set forth in (i) the promissory note executed by Borrower in favor of Corporation in the form
mam..Ncmvwlm^s€t20rc/N9e -2-
set forth as Exhibit "B" attached hereto and incorporated herein ("Promissory Note"), (ii)
the subordinated deed of trust in the form set forth as Exhibit "C" attached hereto and
incorporated herein ("Corporation Deed of Trust"), (iii) the disclosure statement in the form
set forth as Exhibit "D" attached hereto and incorporated herein ("Disclosure Statement'),
and (iv) the memorandum re right of first refusal in the form set forth as Exhibit "E"
attached hereto and incorporated herein ("Memorandum Re Right of First Refusal"). The
Corporation Loan proceeds shall be provided to Borrower and paid to the seller of the
Property (the "Seller") through deposit of the Corporation Loan proceeds into escrow with
(the "Escrow Agent") (Escrow No. ).
2. Interest Rate.
The Loan accrues no fixed interest for the first five (5)years, but shall accrue
three percent(3%) fixed interest in years six (6) through fifteen (15).
3. Conditions to Loan.
a. Prior to, and as a condition of, Corporation's deposit of the Corporation
Loan proceeds in escrow, Borrower, at no cost to Corporation, shall provide Corporation
with either (i) a copy of the appraisal of the Property provided to or obtained by the lender
proposing to make a loan for the purchase secured by a first deed of trust encumbering the
Property ("the First Lien"), or (ii) a new appraisal of the Property from an independent and
licensed appraiser. Corporation shall review the appraisal to verify that the loan to value
ratio (i.e., the ratio between the sum of the First Lien and the Corporation Loan on the one
hand, and the fair market value of the Property as determined by the appraisal) is no more
than ninety five percent (95%). The Corporation or Corporation's servicing agent shall
direct the Escrow Agent to apply the proceeds of the Corporation Loan on behalf of
Participant to (i) the purchase price of the Property, and (ii) at Participant's election, to the
costs of closing, escrow fees, recording fees, loan points and fees, and/or document fees
directly associated with the purchase of the Property (collectively, the "Closing Costs");
provided, however, that the portion, if any, of the Closing Costs to be funded from the
Corporation Loan shall not exceed the greater of, (i) three percent (3%) of the sales price, or
(ii) Five Thousand Dollars ($5,000.00).
b. Prior to close of escrow and as a condition to disbursement of the
Corporation Loan:
(i) Borrower shall execute, as maker, and deliver to the
Corporation a promissory note in favor of the Corporation, as
holder, in the principal amount of the Corporation Loan (the
"Note Amount") substantially in the form of Exhibit "B"
attached hereto and incorporated herein by this reference (the
"Note" or "Promissory Note").
(A) The Note shall be assumable by a successor-in-interest
to Borrower in the following circumstances only:
(1) If Borrower sells or transfers the Property to a
moderate-income or lower-income person or
,a.m..ntr"s.•n a"•a2.awenme -3.
household (as determined in accordance with
California Health and Safety Code Section
50093) at "affordable housing cost" (as defined in
California Health and Safety Code Section
50052.5), and Borrower submits adequate
information to Corporation at least sixty (60)
days prior to the sale or transfer to enable
Corporation to verify that such requirements are
met; or
(2) assumption of ownership by a surviving spouse
upon death of the Borrower-spouse; or
(3) if Corporation approves assumption of the Note
in its sole and absolute discretion.
(B) In any of the above three (3) circumstances, the
successor-in-interest so assuming the Note becomes the
"Borrower" under this Agreement.
(C) Except for a permitted assumption as set forth above,
the Note Amount, together with accrued interest
thereon calculated in accordance with Section 5 hereof,
shall be due and payable in full upon the sale, transfer,
or refinancing of the Property as set forth in this
Agreement.
(ii) Borrower shall execute and deliver to the Corporation a second
deed of trust which shall secure the Note, in the form of Exhibit
"C" attached hereto and incorporated herein by this reference
(the "Corporation Deed of Trust").
(iii) Participant, at no cost to Corporation, shall obtain and cause to
be delivered to Corporation, a standard form CLTA lender's
policy of Title Insurance, issued by a title company as may be
mutually approved by Corporation and Borrower, in an amount
not less than the Corporation Loan, insuring the priority of the
Corporation Deed of Trust against all monetary liens and
encumbrances against the Property, including but not limited
to, mechanic's liens claims and excepting only (A) the lien of
any non-delinquent property taxes, (B) the deed of trust
securing the First Lien, and (C) other encumbrances and
exceptions to title as may be approved by Corporation in
Corporation's sole and absolute discretion.
c. Notice to Corporation. Borrower shall notify Corporation not less than
sixty (60) days prior to (i) the sale of the Property, (ii) the transfer, including, without
limitation, lease, exchange or other disposition of any interest in the Property, (iii) any
refinancing of the lien of the Corporation Deed of Trust or any lien to which the lien of the
,erm.aUp, .mdb.n.6t2doc/4Th -4-
Corporation Deed of Trust is subordinate, or (iv) the close of a probate estate following the
death of Owner.
d. Acceleration. Subject to Section 2.b(i)(A)herein, the Corporation Loan
and accrued interest thereon shall become due and immediately payable irrespective of the
Note Period specified in Section 1 hereof upon the occurrence of any one of the following
events: (i) sale or transfer of the Property, including, without limitation, lease, exchange or
other disposition of the Property or any interest therein, whether voluntary or involuntary;
(ii) the refinancing of the lien of the Corporation Deed of Trust; (iii) the refinancing of the
First Lien for a loan amount in excess of the then current loan balance secured by the First
Lien; (iv) such time if or when Borrower no longer occupies the Property pursuant to
Section 7 of this Agreement; (v) if it is determined that Borrower's liquid assets, as of the
Effective Date of this Agreement, were in excess of the Liquid Assets Maximum as
referenced in Section 3 of this Agreement; (vi) Borrower is in default of any obligation
under this Agreement; or (vii) the close of a probate estate following the death of Borrower,
other than to a surviving spouse. At the request of Borrower, Corporation may, in its sole
discretion, in writing waive any or all of the requirements of this Section 2.d and defer
repayment and/or extend the term of the Corporation Loan.
e. Right of First Refusal Upon Proposed Sale. If Borrower desires to sell,
exchange, quitclaim, or in any manner transfer or dispose of the Property, or any part
thereof ("Proposed Sale"), Borrower shall first notify Corporation in writing not less than
thirty (30) days prior to entering into any binding agreement for such a Proposed Sale.
Borrower's notice shall include the price and terms at which Borrower is willing to sell the
Property. Corporation shall have the right of first refusal to purchase all the Property from
Borrower or to cause the sale of all the Property by Borrower to a third party who is an
Eligible Person or Family ("Eligible Purchaser") at the price and in accordance with the
terms set forth in Borrower's notice. Corporation's exercise of such right of first refusal
shall be made by delivery of written notice to Borrower within such thirty (30) day period.
In the event Corporation either purchases the Property or arranges the purchase by an
Eligible Purchaser, an escrow shall be established to close within forty-five (45) days after
delivery of Corporation's notice of exercise, the Corporation Loan shall be assigned to and
assumed by the Eligible Purchaser, and Borrower's obligations under this Corporation Loan
and Promissory Note shall be discharged at the closing.
In the event Corporation fails to agree in writing to purchase or to nominate
an Eligible Purchaser within sixty (60) days of receipt of notice from Borrower, Borrower
shall be entitled to sell the Property to any buyer ("Buyer") provided that the sales price is
not less and the terms are no more favorable to the Buyer than the price and terms set
forth in Borrower's original notice to Corporation. In the event Borrower does sell the
Property to a Buyer in accordance with this Section 2.e, Borrower shall be obligated to pay
the Corporation Loan in full prior to or at the close of escrow.
Corporation's right of first refusal set forth in this Section 2.e shall terminate
and be of no further force or effect on the date that is fifteen (15) years after the recordation
of the Corporation Deed of Trust.
Corporation's right of first refusal set forth in this Section 2.e shall be
memorialized by the Memorandum Re Right of First Refusal substantially in the form of
rosem.wape,.mn>.e.sz dor/V7/98 -5-
Exhibit "E" attached hereto and incorporated herein by this reference to be recorded
against the Property concurrently herewith.
4. First Time Homebuyer; Liquid Assets Maximum. Borrower represents and
warrants to the Corporation that:
a. Borrower is a "First Time Homebuyer", as defined as follows:
Borrower shall be deemed a First Time Homebuyer for the purposes of the PROGRAM if
any of the following apply:
i. Borrower has not owned a residential property at any time
during the thirty-six (36) months immediately preceding the
date of Borrower's initial application to Corporation for a
PROGRAM Corporation Loan; or
ii. Borrower is a single parent with custody or joint custody of one
or more minors.
b. As of the Effective Date of this Agreement, Borrower's liquid assets do
not exceed the sum of (i) the portion of the down payment to be paid from Borrower's
personal funds; (ii) the portion of the closing costs to be paid from Borrower's personal
funds; (iii) an amount equal to six months' payments of principal and interest on the First
Lien, and (iv) Five Thousand Dollars ($5,000).
5. No Co-Signors. There shall be no co-signing for the Corporation Loan by non-
Borrowers. Each and all Borrowers and co-Borrowers shall meet all of the eligibility
requirements for a Corporation Loan under the PROGRAM, including but not limited to
those terms set forth in Section 3, 7, 8, and 10 of this Agreement.
6. Maintenance of Property. Borrower shall maintain the improvements and
landscaping on the Property in a manner consistent with community standards which will
uphold the value of the Property, in accordance with the Municipal Code of the City of
Rosemead. Borrower also agrees to comply with any and all covenants and agreements
established by any Declaration of Covenants, Conditions, and Restrictions controlling the
Property and to comply with all applicable federal, state and local laws.
7. Occupancy Standards. The Property shall be used as the principal residence
of Borrower and Borrower's family and for no other purpose. Borrower shall not enter into
an agreement for the rental or lease of the Property. The maximum occupancy of the
Property shall not exceed two persons per bedroom plus one.
8. No Criminal Activity. Borrower shall keep the property from drug-related
activities or from other felonious criminal activity or public nuisance.
9. Income Information. Borrower has submitted an eligibility verification form
to Corporation (and/or Corporation's servicing agent) prior to execution of this Agreement.
Borrower represents, warrants, and declares under penalty of perjury to Corporation that
all information Borrower has provided and will provide in the future to Corporation (and/or
Corporation's servicing agent) is and will be true, correct and complete. Borrower
,a.ama.vvAsmno.e.az meanne -6-
acknowledges that(i) Corporation is relying upon Borrower's representations that Borrower
is an Eligible Person or Family and a First Time Homebuyer, and (ii) Corporation would
not have entered into this Agreement if Borrower did not so qualify.
10. Loan Servicing. Corporation may contract with a private lender or other
entity to originate and service the Corporation Loan.
11. Borrower Financing; Borrower Cash Contribution.
(a) Borrower shall obtain first mortgage financing for the purchase of the
Property from a reputable institutional lender approved by Corporation (the "Lender').
Borrower acknowledges that only certain lenders may be approved by Corporation for
participation in the PROGRAM.
(b) Borrower shall pay at least five percent (5%) of the home purchase
price from Borrower's own funds, unless the Lender permits a portion of the home purchase
price, not to exceed two percent (2%) of the home purchase price, to come from a gift.
12. Subordination. Any First Lien ("First Lien") on the Property held by the
Lender shall be prior and superior to this Loan Agreement, and the Corporation Deed of
Trust. Thus, any party, its successors and assigns, receiving title to the Property through a
trustee's sale,judicial foreclosure sale, or deed in lieu of foreclosure, and any conveyance or
transfer thereafter, shall receive title free and clear of the Corporation Deed of Trust.
Borrower agrees it shall instruct the escrow holder for the acquisition of the
Property by Borrower that the order of recording in the escrow for the purchase of the
Property by the Borrower shall occur as follows: 1) the First Lien; 2) this Loan Agreement
(if recorded at Corporation's instruction); 3) the Corporation Deed of Trust; and (4)
Memorandum Re Right of First Refusal.
Borrower shall cause a Request for Notice to be recorded on the Property
subsequent to the recordation of the First Lien deed of trust or mortgage requesting a
statutory notice of default as set forth in the California Civil Code Section 2924b or
successor statute. Such notice shall be sent to:
Rosemead Housing Development Corporation
8838 East Valley Blvd.
_ Rosemead, CA 91770
Attention: Executive Director
Corporation further agrees, subject to the conditions of this Section 11, to
subordinate this Agreement, the Corporation Deed of Trust, and the Memorandum Re
Right of First Refusal to the First Lien on the Property; provided, however, that
notwithstanding the foregoing, nothing herein shall be construed to be an agreement by
Corporation to subordinate the maintenance restrictions on the Property imposed pursuant
to Section 6 of this Agreement or the nondiscrimination provisions set forth in Section 25 of
this Agreement.
The following terms shall apply with respect to Corporation's subordination:
m.eme.veAfl.mnean.¢1dee/Nq -7-
(a) Default Under First Lien; Notice of Default Under First Lien. In the
event of a breach or default by Borrower under the terms of the First
Lien resulting in the recording of a "notice of default" by the holder of
the First Lien, the holder of the First Lien shall, and in such other
circumstances may, provide Corporation with the written notice of
such breach or default in accordance with a properly filed request
pursuant to California Civil Code Section 2924b or successor statute.
Upon receipt of such notice of breach or default, the parties hereto
agree that Corporation shall have each of the following rights so long
as the Corporation Deed of Trust encumbers any portion of the
Property or interest therein:
(i) To cure the noticed default at any time prior to foreclosure of
the First Lien. In connection therewith, in the event of a non-
monetary default which is not reasonably susceptible to being
cured within the cure periods specified in the First Lien, as
reasonably determined by the Lender, Corporation shall have
the right (A) to obtain possession of the Property (or portion
thereof secured by the First Lien) by foreclosing the
Corporation Deed of Trust and (B) to cure the default; provided
that Corporation commences foreclosure of the Corporation
Deed of Trust within said cure periods and prosecutes said
foreclosure and cures the default with reasonable and
continuous diligence; and provided further, that the default
must be cured within a reasonable time after possession is
obtained unless Lender reasonably determines that additional
time for cure may be granted without impairing Lender's
security for its loan. Borrower agrees to indemnify Corporation
against any amounts expended by Corporation pursuant to this
Section 11(a)(i).
(ii) To negotiate with the Lender regarding the noticed default at
any time prior to the foreclosure of the First Lien.
(iii) Provided there has been no prior transfer of title to the
Property (or portion thereof secured by the First Lien) by
completion of a judicial or non judicial foreclosure of the First
Lien, to purchase Borrower's fee interest from Borrower,
subject to the First Lien, with the consent of the Lender. In
such event, Corporation's purchase price for the Property (or
applicable portion thereof) shall be equal to: (A) the purchase
price, paid by Borrower for the Property prior to Corporation's
purchase; minus (B) the outstanding principal balance, accrued
and unpaid interest and all other charges on all obligations
secured by a deed of trust or mortgage encumbering Borrower,
s fee interest in the Property (or applicable portion thereof);
and minus (C) any costs expended by Corporation to cure a
default as provided in Section 11(a)(i). Borrower shall have
,WmeediQ 2dopN9B _8
fifteen (15) days from the date it receives notice of
Corporation's election to purchase the Property (or applicable
portion thereof) to provide Corporation with the purchase price
for the Property (or applicable portion thereof). If Borrower
fails to provide Corporation with the purchase price within said
fifteen (15) days, the amount specified in subclause (B) of the
foregoing sentence shall be deemed to be equal to the amount
of funds disbursed under the Lender's loan. Borrower shall
have forty-five (45) days from the date it receives notice of
Corporation's election to purchase the Property (or applicable
portion thereof) to execute all documents reasonably requested
by Corporation to effectuate the transfer of the Property (or
applicable portion thereof) and to complete the transfer. If
Borrower fails to close the transfer within said forty-five (45)
day period, Corporation shall have the right to specifically
enforce this paragraph.
Lender agrees that the exercise of any of the rights set forth in and in
accordance with this Section 10 (a) by Corporation shall not, in and of
itself, give rise to any right on the part of Lender to exercise any right
to accelerate the amounts due under the Lender's loan.
(b) Acceptance of Deed In Lieu Under First Lien. In the event of a breach
or default by Borrower under the terms of the First Lien where the
holder of the First Lien acquires title to the Property pursuant to a
deed in lieu of foreclosure, the holder of the First Lien will hold title
subject to all the recorded interests of Corporation unless Corporation
is given written notice of the intent of the holder of the First Lien to
accept a deed in lieu of foreclosure and a 60-day period in which to
cure the breach or default or diligently to pursue a cure to the
reasonable satisfaction of the holder of the First Lien. Corporation, in
curing the breach or default, may elect to accept title to the Property
from the defaulting borrower and assume the obligations as
mortgagor under the First Lien. If Corporation assumes the
obligations under the First Lien, Corporation may continue as
mortgagor thereunder while a transferee of the Property is found, but
the First Lien may not be assumed, and the First Lien must be repaid
in full, unless the First Lien was specifically originated as an
assumable loan.
(c) Enforcement of Covenants. Nothing contained herein shall prevent
Corporation from enforcing the terms of this Loan Agreement, the
Corporation Deed of Trust, and Memorandum Re Right of First
Refusal against any person holding any interest in the Property other
than Lender or any person claiming under or through Lender.
(d) Foreclosure of Corporation Deed of Trust, In the event of Corporation
foreclosure on the Corporation Deed of Trust, the Lender, in its
discretion, may negotiate with the Corporation on the Corporation's
nsem..yp,aQ.wilnvgtltl INNe -9-
assumption of the first mortgage loan, unless such first mortgage loan
is assumable in which case Corporation, in its discretion, may assume
the first mortgage loan under the terms and conditions of such loan.
With prior written consent of Lender at the time of foreclosure, the
Lender may agree not to accelerate such nonassumable first mortgage
loan with the title transfer.
13. Indemnification. Borrower shall indemnify, defend, and hold harmless
Corporation and the City of Rosemead and their respective officers, officials, members,
employees, agents, representatives, and volunteers from and against any loss, liability,
claim or judgment relating in any manner to the Property or this Agreement. Borrower
shall remain fully obligated for the payment of taxes, liens, and assessments related to the
Property. There shall be no reduction in taxes for Borrower, nor any transfer of
responsibility to Corporation to make such payments, by virtue of the Corporation Loan.
14. Insurance. Borrower shall maintain, during the term of the Corporation
Loan, an all-risk property insurance policy insuring the Property in an amount equal to the
full replacement value of the structures on the Property. The policy shall name
Corporation as loss payee and shall contain a statement of obligation on behalf of the
carrier to notify Corporation of any material change, cancellation or termination of
coverage at least thirty (30) days in advance of the effective date of such material change,
cancellation or termination. Borrower shall transmit a copy of the certificate of insurance
and loss payee endorsement to Corporation within thirty (30) days of the effective date of
this Agreement, and Borrower shall annually transmit to Corporation a copy of the
certificate of insurance and a loss payee endorsement, signed by an authorized agent of the
insurance carrier setting forth the general provisions of coverage. The copy of the
certificate of insurance and loss payee endorsement shall be transmitted to Corporation as
follows:
Rosemead Housing Development Corporation
8838 East Valley Blvd.
Rosemead, CA 91770
Attention: Executive Director
Any certificate of insurance must be, in form and content and with insurance
companies, approved by Corporation.
15. Defaults. Failure or delay by either party to perform any term or provision of
this Agreement which is not cured within thirty (30) days after receipt of notice from the
other party constitutes a default under this Agreement; provided, however, if such default
is of the nature requiring more than thirty (30) days to cure, the defaulting party shall
avoid default hereunder by commencing to cure within such thirty (30) day period, and
thereafter diligently pursuing such cure to completion. The party who so fails or delays
must immediately commence to cure, correct, or remedy such failure or delay, and shall
complete such cure, correction or remedy with diligence.
The injured party shall give written notice of default to the party in default,
specifying the default complained of by the injured party. Except as required to protect
against further damages, the injured party may not institute proceedings against the party
....m..vvmgrsmn.sou+zmnanrss -SO-
in default until thirty (30) days after giving such notice. Failure or delay in giving such
notice shall not constitute a waiver of any default, nor shall it change the time of default.
16. Non-Waiver. Failure to exercise any right Corporation may have or be
entitled to, in the event of default hereunder, shall not constitute a waiver of such right or
any other right in the event of a subsequent default.
17. Documents. Borrower is aware that Corporation has prepared certain
documents to implement this Agreement and secure repayment of the Corporation Loan.
Borrower has reviewed and agrees to execute the following documents in substantially the
form as attached hereto prior to receiving Corporation Loan, and any other documents
reasonably required by Corporation or a participating entity to complete the transaction
contemplated herein:
Promissory Note (Exhibit"B");
Corporation Deed of Trust (Exhibit"C");
Disclosure Statement (Exhibit`D"); and
Memorandum Re Right of First Refusal (Exhibit "E")
Borrower agrees and acknowledges that this Agreement, the Corporation Deed of
Trust, and Memorandum Re Right of First Refusal shall be recorded against the Property
with the County Recorder of the County of Los Angeles and shall appear of record with
respect to and as encumbrances to the Property.
18. Further Assurances. Borrower shall execute any further documents
consistent with the terms of this Agreement, including documents in recordable form, as
Corporation shall from time to time find necessary or appropriate to effectuate its purposes
in entering into this Agreement and making the Corporation Loan.
19. Governing Law. Borrower hereby agrees to comply with all ordinances,
rules, and regulations of Corporation and the City of Rosemead. Nothing in this Agreement
is intended to be, nor shall it be deemed to be, a waiver of any City of Rosemead ordinance,
rule, or regulation. This Agreement shall be governed by the laws of the State of
California. Any legal action brought under this Agreement must he instituted and
maintained in the Superior Court of the County of Los Angeles, State of California, in an
appropriate municipal court in that county, or in the United States District Court in the
Central District of California. •
20. Amendment of Agreement. No modification, rescission, waiver, release, or
amendment of any provision of this Agreement shall be made except by a written
agreement executed by Borrower and Corporation.
21. Corporation May Assign. Corporation, at its option, may assign its right to
receive repayment of the Corporation Loan proceeds, to a nonprofit entity without
obtaining the consent of Borrower or holder of the First Lien. Corporation, may at its
option, may assign its right to receive repayment of the Corporation Loan proceeds to a
profit-making entity without the consent of Borrower upon the receipt of prior written
consent from the holder of the First Lien, which consent shall not be unreasonably
,"..me.tipAo amfloan•at2.awanroe -11-
withheld. Any loan servicing agency engaged by Corporation shall not be deemed an
assignment by Corporation hereunder.
22. Borrower Assignment Prohibited. In no event shall Borrower assign or
transfer any portion of this Agreement without the prior express written consent of
Corporation, which consent may be given or withheld in Corporation's sole discretion. No
assumption of the Corporation Loan shall be permitted at any time except as specifically
provided in this Agreement. This section shall not affect or diminish Corporation's right to
assign all or any portion of its tights to the proceeds of the Corporation Loan hereunder.
23. Relationship of Borrower and Corporation. The relationship of Borrower and
Corporation pursuant to this Agreement is that of debtor and creditor and shall not be, or
be construed to be, a joint venture, equity venture, partnership, or other relationship.
24. Notices. Any notices, requests or approvals given under this Agreement, or
required by law, from one party to the other may be given by (1) personal delivery, (ii)
delivery by reputable same-day or overnight document delivery or courier service, or (iii)
delivered by deposit with the United States Postal Service for mailing, postage prepaid,
registered or certified mail, return receipt requested. Notices shall be directed as follows:
To Borrower:
To Corporation: Rosemead Housing Development Corporation
8838 East Valley Blvd.
Rosemead, CA 91770
Attention: Executive Director
Notices personally delivered or delivered by document delivery service shall be
effective upon receipt. Mailed notice shall be effective at noon on the second business day
following deposit with the United States Postal Service. Either party may change its
address for notice by giving written notice thereof to the other party.
25. Attornevs' Fees and Costs. In the event that any action is instituted to
enforce payment or performance under this Agreement, the parties agree the non-
prevailing party shall be responsible for and shall pay all costs and all attorneys' fees,
expert witness fees, and other legal expenses and costs incurred by such prevailing party in
enforcing this Agreement.
26. Nondiscrimination. There shall be no discrimination against, or segregation
of, any persons, or group of persons, on account of race, color, creed, religion, sex, marital
status, national origin, or ancestry in the performance of this Agreement or the use or
enjoyment of the Property, nor shall Borrower, itself, or any person claiming under or
through it, establish or permit any such practice or practices of discrimination or segre-
gation with reference to rental, sale or lease of the Property. The foregoing covenants shall
run with the land and shall remain in effect in perpetuity.
smno,ns LdNUil9P -12-
,wwWVPv �
All such deeds, leases or contracts entered into with respect to the sale, lease,
sublease, transfer, use, occupancy, tenure, or enjoyment of the Property shall contain or be
subject to substantially the following nondiscrimination or nonsegregation clauses:
a. In deeds: "The grantee herein covenants by and for itself, its
heirs, executors, administrators, and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of any person or group of
persons on account of race, color, creed, religion, sex, marital status, national origin, or
ancestry in the sale, lease, rental, sublease, transfer, use, occupancy, tenure, or enjoyment
of the land herein conveyed, nor shall the grantee itself, or any persons claiming under or
through it, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use, or occupancy of tenants,
lessees, subtenants, sublessee, or vendees in the land herein conveyed. The foregoing
covenants shall run with the land."
b. In leases: "The lessee herein covenants by and for itself, its
heirs, executors, administrators, successors, and assigns, and all persons claiming under or
through them, and this lease is made and accepted upon and subject to the following
conditions:
"That there shall be no discrimination against or segregation of any
person or group of persons on account of race, color, creed, religion, sex, marital status,
national origin, or ancestry in the leasing, subleasing, renting, transferring, use, occupancy,
tenure, or enjoyment of the land herein leased nor shall the lessee itself, or any person
claiming under or through it, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use, or
occupancy of tenants, lessees, sublessee, subtenants, or vendees in the land herein leased."
c. In contracts: "There shall be no discrimination against or
segregation of any persons or group of persons on account of race, color, creed, religion, sex,
marital status, national origin, or ancestry in the sale, lease, rental, sublease, transfer, use,
occupancy, tenure, or enjoyment of the land, nor shall the transferee itself, or any person
claiming under or through it, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use, or
occupancy of tenants, lessees, subtenants, sublessee, or vendees of the land.'
27. Entire Agreement. This Agreement, together with all attachments/exhibits
hereto, constitutes the entire understanding and agreement of the parties. This Agreement
integrates all of the terms and conditions mentioned herein or incidental thereto, and
supersedes all prior negotiations, discussions and previous agreements between
Corporation and Borrower concerning all or any part of the subject matter of this
Agreement.
28. Counterparts. This Agreement may be signed in counterparts, each of which
when this Agreement has been fully signed by all the parties hereto, shall be deemed an
original hereof.
[SIGNATURE PAGE AND EXHIBITS FOLLOW]
,".ome,avmsom/1e°eflt2 docNNB -13-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day
and year written below.
"BORROWER"
Date: , 19_ By:
Printed Name:
Date: , 19- By:
Printed Name:
ROSEMEAD HOUSING DEVELOPMENT
CORPORATION
Date: , 19
By:
Executive Director
ATTEST:
Secretary
APPROVED AS TO FORM
Corporation Legal Counsel
wmeadbttPameumag2BW9M98 14
STATE OF CALIFORNIA )) ss
COUNTY OF LOS ANGLES )
On before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person (s) whose name (5) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized
ha caacity(iesentity upon behalf d that
by
his/her/their signature(s) on the instrument the person(s),
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
STATE OF CALIFORNIA � ss.
COUNTY OF LOS ANGLES )
On before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
wh/ h/hth it person(s) acted, executed the iment the person( s), or the entity upon behalf of
he
WITNESS my hand and official seal.
(SEAL)
15-
wmesGP�emllwva42 tl/NNB
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGLES
On before me,
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
,Wm.4,,,,op.m/lawf«.iwAnr98 -16-