Written Agreement Between

Beaufort County HOME Consortium (aka the Beaufort County/Lowcountry Regional HOME Consortium)

and LowCountry Habitat for Humanity

REVISED 616/17 ...J'U'l <:., 2DJ7

THIS AGREEMENT is made on this /rt/IJ day of M~ by and between the Beaufort County/Lowcountry Regional HOME Consortium, hereinafter referred to as the ·'Consortium··. and LowCountry Habitat for Humanity, hereinafter referred to as '"Habitat", an approved Community Housing Development Organization (CHDO) providing affordable housing in Beaufort County, South Carolina.

This Agreement is for the specific purpose of providing HOME Investment Partnerships Program (HOME) funding for the construction of 3 new homcownership units and I rehabilitation unit in Beaufort County. All housing developed with funding provided by way of this Agreement shall be pursuant to the regulations of the HOME program and this Agreement. The tenn of this Agreement and the provisions herein shall be extended to cover the affordability period hereby designated as twenty (20) years. The afTordability period in this project will be activated on the date after Habitat has provided the Consortium staff with a project completion report upon initial occupancy of the units and this infonnation is entered into the lOIS system.

All tenns used in this Agreement shall be consistent with the HOME Program and its implementing regulations at 24 CFR Part 92. Habitat agrees to comply with all requirements related to this project as set forth in the Code of Federal Regulations listed in 24 CFR Part 92 and 24 CFR Part 58 (as amended). In any instance where the Consortium requirements are more restrictive than the Code of Federal Regulations, the Conso11ium requirements shall take precedence over the Federal Regulations. Hnbitat, with this Agreement intends, declares, and covenants that the regulatory and restrictive covennnts set forth herein governing the usc, income, occupancy, sale, lease or transfer of the assisted HOME units shnll be binding upon Habitat for such tenn, and are not merely pcrsonnl covenants of Habitat , but arc contractual in nature.

WHEREAS, the Consortium is the Participating Jurisdiction in the Lowcountry Region and is the recipient of a U.S. Department or Housing and Urban Development grant under the HOME Investment Pm1ncrship Provisions of the Cranston-Gonzales National Affordable Housing Act (42 U.S. C 12742), and will administer said grant funds; and

WHEREAS. Habitat is an eligible CHDO that maintains, develops and constructs affordable housing in the State of South Carolina and is eligible to participate in the Consortium service area under the provisions of Section 212 of the Cranston-Gonzales Act (42 U.S.C. 12742) as amended by the Housing and Community Development Act of 1992; and

WHEREAS, the Consortium desires to provide HOME assistance to Habitat in order to produce three nfTordable homcowncrship housing units and rehab I housing unit in Beaufort County, SC;

NOW THERE FORE, in consideration of the mutual promises contained herein and other good and va luable considerat ion set forth herein, the parties agree that:

I. Description. Funding for this Agreement shall come from the reservation of FY20 14 and FY2015 HOME funding. The HOM E funds shall be used by Habitat to:

construct 2 new homeownership units located at: 904 Green Street, Beaufort, SC 29902 906 Green Street, Beaufort, SC 29902

rehabilitate I unit located at: 1603 Ivy Lane, Beaufort, SC 29902.

Exhibit A attached herein will provide ownership for the above properties. The site consists of two undeveloped lots in the City of Beaufort owned by Hnbitat and an existing unit to be rehabilitated. Public water and sewer are provided to the unit and available from the City of Beaufort. Electrical service is also available to the sites.

The new affordable housing units will be designated HOME homeownership units and as such, shall only be sold to income-eligible tenants for the afTordability period. The tenants shall have an income at or below 80% AM I (area median income) based on the current HUD limits at the time of execution of the sale. Income eligibility shall be determined using the "Annual Income as Defined in 24 CFR Part 5" also known as the Section 8 method and shall include source documentation. Homebuyers shall be recertified annuall y at the time of lease renewal and shall include source documentation every fiflh year the tenant remains in the property. If any in place tenant 's income rises above 80% AMI. the tenant lease must be adjusted; rent must increase to the lesser of a comparable market rent or 30% of the tenant's adjusted gross income.

The sales price of the unit may not exceed 95 percent maximum purchase prices for the area. The HOME assisted unit shall remain in compliance with the HOME program (24 CFR Pan 92.252(e)) for twenty (20) years after the project is officially completed. The project is officially completed when the property construction is completed, the property passes ongoing and fi11al construction inspections by Consortium stafT, a Certificate of Occupancy is issued by the jurisdictional building inspections department, HOME assisted units arc occupied and the required beneficiary data is submitted to the Consortium stafT to enter into I DIS.

2. Form of Assistance: The Consortium will provide HOME assistance to construction of2 new homeownership unjts and I rehabilitation unit as described in Section I. The I-lOME assistance wi ll be considered a defcn-ed loan that will be forgiven/satisfied at the conclusion of the afTordabil ity period of twenty (20) years provided all HOME requirements are met. HOME funding in the amow1t of One hundred eighteen thousand, seven hundred twenty nine and !J0/100 dollars ($l18,729) has been allocated for construction of 2 new horneownership units and I rehabilitation unit in Beauf011 County. A restrictive covenant will be executed for the total amount of assistance and will include the applicable I-lOME requirements including resale/recapture provisions and property usc restrictions to insure the enforcement of the HOME requirements. A sample is provided in Attachment B. These requirements which pertain to

occupancy, income and an affordability period are required in order to maintain the development subsidy investment as a forgivable loan in the affordable housing units for the compliance period.

3. EUglble Use of Funds. HOME funds available under this Agreement will be used for the construction of the property. Other costs include cost of construction, legal and recording fees, environmental review costs, and survey costs or associated costs for site review. Other costs that wm be paid by the developer or local match: Project Soft Costs must be "reasonable and necessary." These costs may include the following: Professional Related Costs:

• Loan origination fees • Credit report fees • Tide report and update fees • Recordation fees • Preparation and tiling legal document fees • Appraisal Report fees • Market Study Report fees • Attorneys fees • Loan processing fees • Developer fees

Construction Related Costs: • Architectural fees • Engineering fees • Preparation of work write-ups/cost estimate fees • Builder's fees

Other costs: • Project audit costs • Affinnative marketing and fair housing costs • Relocation costs

Eligible Hard Costs must be "reasonable and necessary." These costs may include the following: • Costs to meet the applicable building standards in effect at the time a building permit

is obtained fiom the locality • Costs to make essential improvements including the actual costs of construction or

rehabilitation • Energy-related repairs or improvements • Improvements necessary to permit use by handicapped persons • Abatement of lead-based paint hazards • Costs to n:pair or replace major housing systems in danger of failure in existing

structmes • Costs to demolish existing structures • Costs for improvement to the project site and utility connections • Costs of acquiring optioned improved or unimproved land for new cons1ruction or

rehabilitation projects

• Incipient repairs and general property improvements or a non-luxury nature

4. Funded Amount: The Consortium is hereby providing from the FY20 14 and FY20 15 CHDO set aside funding in the amount of up to Pne i!_undrcd eighteen thousand, seven hundred twenty niue and 00/ LOO doUnrs ($Jl8.t729) for the activities identified in this Agreement and listed in the Development Budget (Exhibit B). The funds arc granted to HnbiLat for the constn•ction of2 new homeownership units and I rehabilitation unit in Beaufort County. Habitat will provide any additional funding necessary over and above this financial commitment to complete the project as approved in the application for HO!vfE assistance. If the project comes in under budget, Habitat will only be reimbursed for actual eligible costs.

5. Other Funding: However, Habitat will provide any additional funding necessary over and above this financi<1l commitment to complete the project us approved in the application for HOME assistance and as outlined in the Development Budget. Also, volunteer hours and additional funding beyond HOME funds will be counted as local match.

6. Mnximum HOME subsidy. Section 234-Condominium Housing basic mortgage lim its will be used. HOME subsidy under tllis Agreement is $54,496 for I rehab unit, and $32,117 for 904 Green Street and 32, 11 6 for 906 Green Street.

7. Budget & Schedule. Habitat has provided a speci fic worki ng budget and realistic timetable as relates to: construction, soft costs, development fees and other allowable costs/activities prior to any usage of HOME funds. Said budget has identified all sources and uses of funds, and allocated HOME and non-HOME funds, if applicable, to activities or line items. Habitat shall ensure that the aforementioned work tasks will be perfo rmed iJt essentially the manner proposed in its proposal and any updated budgets and/or application revisions requested and/or received and approved by Consortium staff. The aforementioned document will be considered to be a part and portion of this Agreement by reference. Habitat will complete construction of the three units by May 24. 2019 including sale of the units.

Habitat is required to submit performance reports on program/project s tatus and acti vities through project completion as requested by the Consortium staff. Habitat wi ll allow and help facilitate required inspections and monitoring of the project by Cons011ium staff. Habitat agrees to properly execute the restrictive covenants, between the Consortium and Habitat at time of purchase. Termination of the agreement will occur automatically upon the expiration of the agreement period. Project Extension Request must be approved by the Consortium.

8. Program Income, CHDO Proceeds. No program income or CHDO proc~eds are anticipated for this project. However. ifCHDO proceeds are dctcnnincd by !IUD and/or the Consortium to have been received, Habitat may retain those proceeds as long as prior to expenditure of these proceeds, Habitat submits a CHDO Program Income Plan to the Consortium for approval. Program Income must be used for HOME-eligible activities or other approved affordable housing activities. Income [rom the sale, rental, or usc of real estate by the project owner, developer, or sponsor is not treated as program income.

9. Repayments: Habitat agrees to repay to the Consortium all HOME funds invested,

including Consortium incwTed eligible soft-costs recorded in the IDIS system, in the event the project fails to comply with the affordability requirements. Definition: Repayments are HOME fimds which must be repaid because the funds were invested in a project which was tenninated before completion (either voluntarily or involuntarily), or invested in housing which failed to comply with the affoldability requirements specified in 24 CFR 92.252 or 92.254. The Grantee agrees to return all repaid funds to the Consortium within twenty days of the Consortium's delivery of the notice to repay.

10. Roles and Responsibilities. Habitat will not incur any costs, make any commi1ment or take any physical action on a property to be assisted with HOME ftmds until approved by Consortium staff. Environmental clearance of the sites and a Removal of Grant Conditions and Authority to Use HUD Funds must be in place prior to any physical activity on the project site.

Habitat commits to provide an eligible applicant according to the recogoized HOME guidelines for any HOME assisted uniL The occupant's/applicant's income will fall within the required HUD guidelines for LMI persons to qualify for assistance. Habitat shaD provide Lowcountry Council of Govenunents Housing staff, as the Consortium's authorized representative, a copy of the application and income verification of the proposed renters/occupants prior to the occupancy of the units. Verification includes all third party verification in order to ensure that the low-to­modemte income requirements are met. All three (3) units funded by this agreement are subject to the income guidelines.

Habitat shall provide to the Consortium copies of recorded mortgages, deeds and any other instnnnents executed related to the HOME assisted property. Habitat agrees to provide the necessary personnel and equipment to oversee, manage and maintain any UDits for which HOME funds are provided. The HOME units shall be inspected by the jurisdictional building inspector and shall meet all local and state building codes as applicable for the City and/or County of Beaufort prior to occupancy. A copy of the permit to occupy the UDit for each structwe will be submitted to the Consortium prior to fmal payment The Consortium staff shall provide guidance on HOME compliance and assist Habitat as needed in: the review of applicant's application and verifications to ensure eligibility within HOME income limits; providing suggested language for inclusion of HOME requirements in sales documents if applicable; and applicable pJ'OCW'81l1ent of constnaction, materials, small purchases and con1ract labor. The statT wnt review and approve requests for payment and conduct site visits to confirm construction progress. Payment will be made within twenty days of approved invoices/pay requests.

As a HOME Participating Jurisdiction, Beaufort County has entered into an agreement with the Lowcountry Council ofGovenunents (LCOG) whereby LCOG provides staffmg for the County's HOME Prognun. In this role, LCOG will be primarily responsible for implementing this agreement on behalf of the County and for day-to-day communications with the Developer. As such, references to the "County HOME staft" within this agreement should be construed to indicate that the LCOG staff will communicate with the developer on behalf of the County and as its administrative agent relative to the HOME program. In the event the County replaces or terminates LCOG as its administrative agent for the HOMB program, it will provide notice to the Developer as provided for herein. The Developer further agrees to fully cooperate with

the LCOG staff or with any future administrative agent designated by the County as the County's authorized agent for purposes of administering its HOME program.

11. Pay Request Process and laspeetions: Habitat may not request disbursement of funds until needed for reimbursement of eligible costs. Disbursements requests are limited to tbe amount of eligible funding for reimbursement. The following process must be followed in order for Habitat to be reimbursed for eligible expenses:

Pay requests with documentation/invoices for requested costs may be submitted monthly during the project. Exceptions to this practice may be made based on the amount and frequcney of requests based on the financial need of the contractoJS. Habitat must notifY the Consortium's Staff at the same time notification is made to the local govemment for the following inspections (if applicable): a) Foundation Inspection b) Slab Inspection c) Rough-In Inspection d) Insulation Inspection

· e) Final Inspection Note: Failure to notify the Consortium staff for lnspeetioas may result ia work haviDg to be redone at Habitat's eost so that the iDSpeetioo ean be completed.

Habitat must maintain an International Builders Code file for each newly consuucted home which includes docwnentation regarding energy efficiency infonnation for windows, appliances, insulation etc., and make it available to the Consortium StatT at the time qf inspections. After the home has passed both the jurisdictional local government inspection and the Consortiwn inspection, Habitat may submit an invoice for reimbursement. Requests must include an invoice which includes a request for payment fonn showing work completed and stored with conesponding values. A retainage of 1 OO.Aa wiD be withheld on all construction requests.

The pay request will be processed within fifteen (15) business days of the Consortium's approval of the request for payment. If needed, the Grantee may also submit a pay request on a monthly basis that does not conespond with one of the four (4) scheduled inspections. The Consortiwn Staff will inspect the work completed.

12. Change Orders: Change orders may occur during the course of construction either initiated by the contractor or Habitat. All change ordeiS must be submitted for review to the Consortium statT prior to approval to insure that the scope of the project is not altered.

13. Property Standards: Housing that is purchased, coustructed or rehabilitated with HOME fimds must meet all applicable local, state and/or county construction standards, ordiaances, and zoning ordinances at the time of project completion and throughout the period of affordability. In the absence of a local codes andlor ordinances for new construction and/or rehabilitation, HOME-assisted new coDibUction or rehabilitation units will comply with International Residential Building Codes (IRC) and/or minimum property standards established by the County on behalf of the HOME Consortium. All construction will be inspected by the Consortium staff' prior to receipt of final payments.

The housing must meet the accessibility requirements at 24 CFR part 8, which implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). Covered multifamily dwellings, as defined at 24 CFR 100.201, must also meet the design and construction requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 U.S.C. 3601-3619). The Fair Housing Act requires that all multi-family dwellings must meet the design and construction requirements at 24 CFR 100.205. Refer to CABO/ANSI section Al17.1 for specific requirements. A Section 504 Physically handicapped person is defined as an individual who has a physical impainnent, including impaired sensory, manual, or speaking abilities, that results in a function limitation in gaining access to and using a building or facility. The housing provides accessibUity, adaptability, and accessible route.

504 Requirements for New Construction Projects: Projects with (5) or more units will have at least 5% of the units accessible to individuals with mobility impairments; AND at least 2% of the units accessible to individuals with sensory impainnents. As this project only consists of three (3) units, 504 requirements do not apply. The Fair Housing Act: requires seven basic requirements that must be met to comply with the access requirements which me:

• An accessible building enttance on an accessible route • Accessible common and public use areas • Usable doors (usable by a person in a wheelchair) • Accessible route into and through the dwelling unit • Light switches, electrical outlets, thermostats and other environmental controls in

acceRn1blelocations • Reinforced walls in bathrooms for later installation of grab bBJS • Usable kitchens and bathrooms

An owner of rental housing assisted with HOME funds must maintain the housing in compliance with all applicable State and local housing quality standards and code requirements and if there are no such standards or code requirements, the housing must meet the housing quality standards in 24 CFR 982.401, for 1he entire lenath of the affordability period.

14. Lead-Based Paint: All units in a project assisted with HOME funds must comply with the n:gulation implementation Title X of the 1992 Housing and Community Development Act (24 CFR Part 3S).Regulations at 24 CFR Part 35 consolidates all lead-based paint requirements for HUD assisted housing.

Penalties (24 CFR3S.I70) Failures to comply with the lead-based paint Rquirem.ents will be subject to sanctions authorized under the Federal fimding programs providing assistance to the property, and violations may be subject to other penalties available under state or local law.

HOME-assisted units continue to qualify as affordable housing.

16. Ineome Determinations: Habitat agrees to perfonn the income determinations requirements of24 CPR 92.203.

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Eligible Incomes: Habitat must detennine that each family or individual is income eligible. Habitat is required to use third party source documents in evidencing aonual income (e.g., wage statement, interest statement, and ~ployment compensation statement) for the family or individual. Owners must use the PartS definition as defined in the "Teclrniclll Guide for Detennining Income lllfcd AI/()WIIncesfor the HOME Program" provided by the U.S. Department of Housing and Urban Development.

17. Restrictions on Sale or Transfer of Land and Improvements: Habitat agrees that throughout the tenn oftbis agreement, and in order to satisfy the req~ents of the HOME Program, that Habitat will not sell or traDsfer any part of the project premiies or any interest in it without the Consortium's prior written consent, including a transfer of all or part of the project premises to any person that docs not use the project premises for "affordable housing" within the meaning of the HOME Program. Upon the occurrenCe of any of the above, Habitat will provide immediate payment in full of the entire principal under this Agreement.

18. Covenaots to Run With Laud: Habitat agrees to execute and record a restrictive covenant instrument that is senior to all other financing and/or security instruments, any other use restrictions, easements, liens, or other encumbrances of record, except for those previously disclosed on a commibnent for title insurance issued to the cQunty or those explicitly approved by the County and the Attorney. Habitat intends, declares and covenan~ on its behalf, and on behalf of all future holders of any interest in and to the project premises described in "Exhibit A" during the term of this Agreement, that this Agreement and the covenants and restrictions set forth in this Agreement: regulating and restricting the use, occupancy, sale, lease or traDsfer of the Premises (i) shall be and are covenants running with the land, encumbering the land for the Tenn oftliis Agreement, binding upon the Grantee's successors in title and aU subsequent Ormtees and tenants or transferee of the premises, (ii) are not merely penonal coveuants of the Grantee, but are contractual in nature and condition precedent to the Grantee obtaining the HOME Grant, and (iii) shall bind the Grantee and the Grantee's grantees, lessees, heirs, assigns, personal representa~ves for transferee during the term of this Agreement The Grantee hereby agrees that any and all requirements of the laws of the State of South Carolina to be satisfied in order for the provisions ofthi~ Agreement to constitute property use restrictio._ and covenants running with the land shall be deemed to be satisfied in fidl, and that any requirements or privileges of estate are intended to be satisfied, or in the alternative, that an equitable servitude has been created to insure tbat these restrictions nm with the lmld. For the Term of this Agreement, each and every contract, deed or other instrument hereafter executed conveying the project premises described in "Exhibit A,., or a portion th~.( shall expressly provide that such conveyance is subjeet to this Agreement provided, however, the covenants contained herein shall survive and be effective regardless of whether such contract, deed or other instrument hereafter executed conveying the project premises, or a J,ortion thereof, specifically provides that such contract, lease or conveyance is subject to:tbis Agreement.

19. AllordabUity Restrictions. Any unit constructed on this property assisted with HOME funds must remain occupied by a low to moderate income family/person for a period of

twenty (20) years to meet the affordability requiml by the HOME invesbDent in the project. Habitat agrees to enforce the aflbrdability requirements under 24 CFR 92.2S2(e) as applicable, and agrees to repay the HOME funds if the housing does not meet the afl'ordability requirements for the specified time period. For new coDStruction homeownership projects the period of affordability is twenty (20) years. The affordability period in homeownersbip projects will be activated on the date after Habitat provides the Consortium with a project completion report and this form has been entered into HUD's Integrated Disbursement Information System (IDIS) detailing the following:

• Household size • Gross annual household income • Racial and ethnic characteristics • Property owner's name • Whether any household member is disabled • Designation as a mobility or sensory bandicapped unit • Salesdate • Bedroom Size • Purchase Price • Date of Certificate of Occupancy •

Project completion reports are to be submitted by Habitat when 1he HOME-assisted unit is Purchased and occupied, no later than 90 days after the issue of the Certificate of Occupancy.

· Habitat agrees to execute the Restrictive Covenant at the time of purchase. If Habitat does not comply with providing project completion reports within the 90 day period following the issuance of the Certificate of Occupancy. the organization will be ineligible to apply for additional HOME fUnding and any cum:nt awards will be revoked. The affordability period does not end upon early payoff of the HOME assistance, if applicable.

21. Maintabalug Bomeownenbip Housfag AffordabiUty CFR 92.2S4 The income of each unit must be determined initially using Section 8 (Part 5) definition of annual (gross) income. In addition, each year dming the period of aft'ordability the project owner must re-examine each homeowner's annual income in acconlance with this Agreement.

22. Default: This Agreement shall be deemed in equity and at law to be in default if Habitat shall breach any of the covenants, terms or conditions contained above.

23. Other CoadltioDS: Interpretation. Any terms not defined in this Agreement shall have lhe same meaning as terms defined under the laws oflhe State of South Carolina. Severability. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portions thereof. Notices. All notices to be given pwsuant to this Agreement shall be in writing and shall be deemed given when mailed by certified or registered mail. return receipt requested, to lhe parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate in writing. To the Coasortlum: Administering Agency:

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Lowcountry Council ofOovenunents, PO Box 98, Yemassee, SC 29945: Lead County/PJ: Beaufort County, PO Drawer 1228, Beaufo~ SC 2990l

To the Graatee: LowCountry Habitat for Humaaity, 616 Panis Island Gateway, Beaufo~ SC 29902

The Consortium and the Grantee, may, by notice given hereunder, desipate any further or different addresses to which subsequent notices, certificates or other communications shaD be sent.

Governing Law. This Agreement shall be governed by the laws of the Stlf.te of South Carolina.

24. Other Federal Requirement The Developer agrees to confonn to all Federal and State regulatory requirements including the Federal requirements set forth in 24 CFR Part 5, Subpart A, those described in 24 CFR Part 92, Subpart H, Section 350-359, as well as the Beaufort County/Lowcountry Regional HOME Consortium's HOME Housing and Property Standards. The Federal and Beaufort County/Lowcountry Regional HOME requirements include: nondiscrimination and equal opportunity; disclosure J:Cquirements; debmed, suspended or ineligible cOntractors; and drug-free workplace. Nondiscrimjnation & Equal Opportunity: The Agreement is made available in confonnity with the non-discrimination and equal opportunity requirements set forth in 24 CPR Part511.10(m), as follows: The requirements of Executive Order 11063,:and with Tide VI ofthe Civil Rights Act of 1964,42 USC 2000d as amended by Executive Order 12259 {3 CFR, 1959-1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307). The Act prohibits discrimination against individuals on basis of race, color, religion, sex or national origin in th~ sale, rental, leasing or other disposition of residential property, or in the use or occupancy of housing assisted with Federal funds. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975, 42 USC 6101-07, and the prolnoitions against discrimination against handicapped individuals under Section 504 of the Rebabilitation Act of 1973, 29 USC 794. The nondiscrimination requirements at Section 282 of the Act are applicable. ·

Fair Housing: The Fair Housing .Act (42 U.S.C. 3601-19) and implementing regulatioos at 24 CFR part 100 et seq.: The Act prohibits the discrimination in the sale pr rental ofhousin& the financing of housing Or the provisions ofbrokerage servers against any pCISOn OD the basis of race, color, religion, sex, national origin, handicap of familial status. Disclosure & Anti Lobbying Requirements- The Developer assW'CS that no Federal fUnds have been or will be paid by or on behalf of the Developer to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee ofConsress, or an employee of a Member ofConsre;ss m CODDection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any agreement or any modification of any Federal contract, grant loan. or agreement. If any other funds other than Federal funds have been paid or will be paid to persons for influencing any above named persons in connection with this project, the Developer shall complete and submit the "Disclosure Fonn to Report Lobbying" in accordance with its instructions.

Debmed, Suspended, or Ineligible Contracton and Developer: The prohibitions at 2 CFR Part 2424 on the use of debarred, suspended, or ineligible contractors and Developer. HOME funded projects may not employ any contracton or subcontractors that have been debarred or suspended from participating in federally funded programs. The Developer is responsible for detennining whether it is entering into a covered transaction with an excluded or disqualified person. A listing of excluded and debarred parties can be found on Federal System for Awanl Management at bttps://www .sam.gov/portallpublic/SAM. All procured contractors and subcontractom awanled contracts in excess of$100,000 and all non-procured transactions in excess of $25,000 must submit the "Debarment Certification Fonn" certifying that they are not included on the Excluded Parties Usting System and are eligible to participate in federally assisted projects. This extends the coverage of the HUD non-procurement suspension and debannent requirements to all lower tiem of subcontracts under covered nonprocurement transactions, as permitted under the OMB guidance at 2 CFR 180.220(c).

Affirmative Marketing: (required for projects with five or more HOME-assisted units). The Developer will conform to an affinnative marketing plan, as approved by the County. This affinnative marketing plan consists of the steps of actions to provide information and otherwise at1ract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, religion, familial status or disability. (The affirmative marketing procedures do not apply to families with Section 8 Tenant-Based Rental Housing assistance or families with Tenant-Based Rental Assistance provided with HOME funds.) The Affumative Marketing Plan will include:

• Methods for infonning the public, owners, and potentiallenants about Federal Fair Housing Laws and the County's Affinnative Marketing Policy (e.g., the use of the Equal Housing Opportunity logotype or slogan in press releases and solicitations for owners, and written communication to fair housing and other groups);

• Requirements and practices each owner must adhere to in order to carry out the Affirmative Marketing Procedures and Requirements (e.g., use of commercial media, use of community contacts, use of the Equal Housing Opportunity logotype or slogans, and display of Fair Housing poster);

• Procedures to be used by owners to inform and solicit applicatjons tiom persons in the housing market area who are not likely to apply for the housing without special outreach (e.g., use of community organizations, places of worship, employment centers, Fair Housing groups, or housing counseling agencies);

• Records that will be kept describing actions taken by the owners to affirmatively market units and records to assess the results of these actions; and

• A description of how the owner will annually assess the success of affirmative marketing actions and what coJTeCtive actions wiD be taken where affirmative IIUIIketing requirements arc not met.

Minority outreach:

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The Developer will take necessary affinnative steps to assure that minority fmns and women's business enterprises are used whenever possible. Because this is a certified Community Housing Development Organization, Procurement does not apply. Procurement regulations at 24 CFR Part 8S.36(e) specify that MBEIWBE outreach activities apply to all contracting opportunities facilitated by HOME-funded activities, including contracts related to construction, rental assistance, and HOME program administration. There are no monetary thresholds that trigger MBEIWBE outreach requirements. They apply to all contracts awarded in conjunction with HOME-assisted projects. The HOME Construction Performance Standards Manual provides complete details of requirements that will be followed. HOME regulations require that the following minimum afimnative steps are taken to ensure MBEIWBE are aft'onled every opportunity to participate in HOME generated contracts.

• Placing minorities and women on soUcitation lists; • Assuring that MBE and WBE firms are solicited whenever they are potential sources; • Dividing the to~ requirements, when economically feasible, into smaller tasks or

quantities to permit maximum participation by small and minority business enterprises, and women business enterprises;

• Where the requirement pennits, establishing delivery schedules that encourage participation by small and minority business enterprises, and women business enterprises;

• Using the services and assistance of the Small Business Admiaisb'ation and the Minority Business Development Agency of the Depanment of Commerce; and

• Requiring the prime contractor, if subcontractors are to be let, to take all the same actions.

Section 3 of the Housing and Urban Development Act of 1968: Economic Opportunities for Low- and Very Low-Income Persons: Developer with projects assisted with HUD funds for construction and rehabilitation activities in excess of$200,000 agree to confonn to the requirements of this section and submit the annual Section 3 report(s) for the project that are provided in the HOME Construction Performance Standards. In addition, the Section 3 clause will be included in all applicable contracts executed by the Developer. This section of the HUD Act of 1968 requires that, to the greatest extent possible, opportunities for training, employment and contracting arising tiom Federal fiuancial assistance for housing and community development programs shall to the greatest extent feasible be directed toward low-income and very low-income persons residing in the program service area, particularly those who are recipients of government assistance for housing. Furthennore, contracts for all types of work to be perfoJmed in connection with HOME should, to the greatest extent feasible, be awarded to Section 3 businesses that are located in or owned by persons residing in the program service area.

Conflict of Interest Conflicts prohibited. No persons described in this section who exercise or have exercised any fUnctions or responsibilities with 1e5pect to activities assisted with HOME funds or who are in a position to participate in a decision-making process or gain inside information with regard to these activities, may obtain a financial interest or benefit &om a HOME-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter.

Persons covered. The conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official, owner, developer or sponsor of a project assisted with HOME funds (or officer, employee, agent or consultant of the owner, developer or sponsor) whether private, for-profit or non-profit (including a Community Housing Development Organization {CHDO) when acting as an owner, developer or sponsor) may not occupy a HOME-assisted affordable housing unit in a project of the participating jurisdiction, which are receiving HOME 1\mds.

Religious Activities: The Developer agrees. as directly ftmded under the HOME program, not to engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of the assistance fimded under lhe HOME program. The Developer also agrees that religious activities such as worship, religious instruction, or proselytization will be offered separately, iD time and location and is a voluntary decision of the beneficiary to participate. These separate religious activities cannot be funded by the HOME program. Religious organization in providing HOME assistance will not discriminate against program beneficiaries based on religious character, beHef or aftiliation. HOME funds may not be used for the acquisition, constnlction, or rehabnitation of structures to the extent that those structures are used for inherently reHgious activities.

Environmental: In accordance with 24 CFR Part SB, The Developer cannot undertake any physical actions on a site, commit, expend, or enter into any legally binding agreements that constitute choice-limiting actions for any HUD or non-HUD funds before the environmental review process has been completed and the County has received a Release of Funds &om HUD. A Release of Funds &om HUD dated has been received by the County and therefore physical actions may proceed.

Compliance with Laws and Regulations: The Developer shall comply with all Federal, State and Local Laws and Regulations for the duration of this project; including but not limited to the Cranston-Gonzales Act, as amended by the Housing and Community Development Act of 1992; regulations continued in 24 CFR Part 92; Federal OMB Circular A-ll 0 Auachments B, F, H (paragraph 2) and 0, O:MB Circular A-122, zoning. building, housing and other codes and regulations of jurisdiction where project is located; and such other Federal, State, and Local Laws, rules and regulations as may apply to the project including Nondiscrimination and Fair Housing Laws that apply to the project.

Procurement: The Developer is not subject to the requirements of 24 CFR Part 84 in regard to procurement of goods and services,

Habitat agrees to conform to all Federal and State regulatory requirements including the Federal requirements set forth in 24 CFR PartS, Subpart A, as well as the Consortium•s HOME Housing and Property Standards. The Federal and Consortium requirements include: nondiscrimination and equal opportunity; disclosure requirements; debmed, suspended or ineligible contractors; and drug-free workplace.

Project Requirements: Habitat agrees to comply with all HOME Program project requirements, if applicable, as described in 24 CFR 92.250 through 92.2$8, Subpart F. Other Federal Requirements: Habitat sba1l abide by all other federal requirements of this grant as described in 24 CFR Part 92, Subpart H, and Section 350-359. : These requirements include:

• Religious organization participation must be voluntary for any applicant; HOME assistance would not be restricted based on the applicant's religious denomination or lack of participation in religious activities.

• HOME assisted housing will meet all state and local codes as enforced by the applicable jurisdiction including the International Energy Conservation qode and the Fair Housing Act and Section 504 as applicable.

• Affordability Requirements: Habitat shall insure that the aft'ordability requirements of24 CPR Part 92.254 are met They sball include the m ... tory affordability requirements iu the deed restrictious to any and all projects assisD:d in part or in whole with HOME fimds.

• Eligibility of Activities: Habitat will insure that an activities, expenditures, and the qualifications of the occupants of any HOMB assisted unit sball conform to all eligibility regulations set forth in Section 212 of the Cnnston-Oouzaies Act (42 U.S.C. 12742) as amended, and its accompanyius regulations. The Consortium reserves the right to retUse payment on expenditures that are not eligible or have inadequate documentati9n.

• Compliance with Laws and Regulatious: Habitat shall comply with all Federal, State and Local Laws and Regulatious for the duration of this project; including but not limited to the Cranston-Gonzales Act, as amended by the Housing and Community Develojmlent Act of 1992; regulations continued in 24 (j:FR Part 92; Federal OMB Circular A-ll 0 Attachments B, P, H (paragraph 2) and 0, OMB Circular A-122, zoning, building, housing and other codes and regulations of jurisdiction where project is located; and such other Federal, State, and Local Laws, rules and regulations as may apply to the project including Nondiscrimination and Fair Housing Lawi that apply to the project.

• Environmental: In accordance with 24 CPR Part 58, Habitat CllDllOt undertake any physical actions on a site, commit, expend, or enter into any legally binding agreements that constitute choice-limiting actions for any HUD or non-HUD ftmds before the environmental review process has been completed.

• Records and Reports: Habitat will maintain such records and provide such reports as may be necessary to show compliance with the above noted la~s, rules and regulations and to document project activities and progress. This will include the occupant's application file including financial verification, copies of the recorded notes/mortgages, records of payments, updates if any changes to household size prior to occupancy. Records must be retained for five years after project completion and for five years after the affordability period ends. '

• Anti-Lobbying: Habitat assures that no Federal funds have been (tr will be paid by or on behalf of Habitat to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with

the awarding of any Federal contract, the making of any Federal grant_ the making of any Federal loan, the entering into of any agreement or any modification of any Federal contract, grant loan, or agreement. If any other fUnds other than Federal funds have been paid or wlll be paid to persons for influencing any above named persons in connection with this project, Habitat sbaU complete and submit the "Disclosure Form to Report Lobbying" in accordance with its instructions.

• Procurement: Habitat shall consult with the Consortium staff prior to any procurement of goods or services in which HOME ftmds may be n:quested for payment even though the Developer is not subject to the requirements of24 CFR Part 84 in regard to procurement of goods and services.

• Default Should Habitat fail to meet its obligation hereunder or fail to comply with any regulations, laws or rules governing the receipt and disbursement of funds, the Consortium may, at its option, call this Apeement in defimlt, terminate this Agreement, withhold any fUrther funding, and take action to recover any improperly expended funds. The Consortiwn will issue a notification to Habitat of any

··. . possible,d~lt and DiRk~ every effort to cure the default with corrective action in . ordel"to enCourage ana·swpoit the-affordable housing activities cmied 01Jt by Habitat.

• Temlination: ThiS Agreement may be terminated by: ' (a) The default or breach by Habitat of any terms and conditions contain~ herein. (b) The dissolution of either party by dismemberment, court order, government decision or other official-action. (c) Loss or reduction of funding by the Consortium fiom the US Department of Housing and Urban Development causing cutbacks in its programs or activities. (d) By mutual agreement ofboth parties.

• Assignability: Habitat's rights, obligations and duties under this agreement shall not be assigned in whole or in part.

25. Process for AmendiDg the Agreement HOME activities and projects may undergo changes during project implementation which may necessitate changes in· scope, schedule or budget. In those cases, Habitat will prescnbe to the following process for changes to the Agreement

• Changes to the project are to be provided as a written request to include the appropriate documentation (i.e. seclion(s) of application) and identifiers ~8 the project Request will be reviewed by Consortium staff for approval. In certain cases, the scope of the budget or cost change may merit additional underwriting,or reviews for cost for cost reasonableness.

• If the request is approved, a written amendment wiD be provided to Habitat to be executed to reflect the approved changes to the original executed agreement.

• Indemnification: Habitat shall indemnify and hold harmless the Consortium from all claims, actions, and causes of action on suits which may arise out of operation of Habitat's programs, funded projects, facilities or the work to be perfonned there under.

HOME Requirements: Habitat agrees to incorporate in its documents associated with propeny transfer to recipients all appropriate restrictions required by federal law and the Cranston-Gonzales National AfTordable Housing Act.

Entire Agreement/Binding EfTcct: Thjs document represents the entire Agreement between the panics, and may be amended only by writing, executed by both panics. The Agreement is binding upon the panics, their heirs: successors and assigns.

IN WITNESS WHERE OF, the duly authorized representatives of the panics, hereto set their hands this L'li!:L day of Mny:-20 t-6. :J"u rl c "2.." I 7

Attest: f'¥ ~ Beaufort County

Dcnufort County

LOWCOUNTRY HUMANITY, INC.

HABITAT

By: clfJ(;;A Chet H, Houston/Date Executive Director I< I~ 1'1-t ~'I,; r- ,s,., ,· lJ,.

Attest: X:~ J-),;,_t1 Lowcoun try Habitat for Humani ty

l-,.e$(e '{ A . ?( '-Sa.va/1~'{

~ltl~at:;~

Lowcountry Habitnt for Humanity

57-0920920

FOR

EXHIBIT A

OWNERSHIP INFORMATION

Beaufort County, South Carolina Page 1oft

Overview ~lll~lB~~. Records

Overview Property IO AJtemateiD Parcel Address (PIN) (AIN)

Parcel R120004000 00215537 904 GREENEST, BEAUFORT 02980000

Land

Improvements Current Parcel Information

Sales Disclosure Owner LOWCOUNTRY HABITAT Property Class Code ResVacP FOR HUMANilY INC Acreage .0000 Pay Taxes

OWner Address 616 PARRIS ISLAND GTWY Value History BEAUFORT SC 29906

GIS I Mapping Legal Desalptlon 904 GREEN ST 0801910660

Search by Historic Information

Property JD (PIN) Tax Year Land Building Market Taxes

Street Address 2015 $102,100 $102,100 $6.58

Alternate ID (AIN) 2014 $102,100 $102,100 $490.68

Legal Desa1ptlon 2013 $102,100 $102,100 $467.57

Sales 2012 $116,012 $116,012 $369.43

Owner Name 2011 $116,012 $116,012 $363.90

2010 $116,012 $116,012 $361.24 Functions

County Home + 2009 $116,012 $116,012 $354.48

Welcome 2008 $23,000 $23,000 $327.36

Real Property 2007 $23,000 $23,000 $316.60

Personal Property 2006 $23,000 $23,000 $293.29

Vehicle Tax Sales Disclosure

Shopping Cart Grantor Book& Page Date Dlllll Vaca Help LAWRENCE MILTON D 3299 2687 1/23/2014 Fu

Feedback LAWRENCE MILTON D BARBARA S 27871669 10/12/2008 Ad .... .,-:n,...,. ( )

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Beaufort County, South Carolina Page 1 of2

Beaufort County, South Carolina genr:rated on S 23 2016-1: J./:37 PM EDT

Property ID (PIN)

R120 004 000 0297 0000

Alternate 10 (AIN)

00215528

Parcel Address

906 GREENE ST, BEAUFORT

Current Pa rcel Information

Data refreshed as of

5/21/2016

Owner LOWCOUNTRY HABITAT FOR HUMANITY

Property Class Code ResVac Platted&Unplatted

Acreage .0000 Owner Address 616 PARRIS ISLAND GATEWAY

BEAUFORT SC 29906

Legal Description 906 GREEN ST OB019 10660

Historic Information

Tax Year Land Building Market

2015 $102,100 $102,100

2014 $102,100 $102,100

2013 $102,100 $102,100

2012 $116,094 $116,094

2011 $116,094 $116,094

2010 $116,094 $116,094

2009 $116,094 $116,094

2008 $23,000 $23,000

2007 $23,000 $23,000

2006 $23,000 $23,000

Sales Disclosure

Grantor Book & Page Date

LAWRENCE MILTON D 3299 2687 1/23/2014

Qwl

Ge

LAWRENCE MILTON D BARBARA 5 JTROS 2787 1669 10/12/2008 De

C D POST CONSTRUCTION 2249 947 9/26/2005 Fu

LAWRENCE MARTIN D BARBARA 5 JTROS 2288 2040 9/26/2005 Fu

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Taxes Payment

$6.58 $6.58

$490.68 $490.68

$467.57 $467.57

$369.43 $369.43

$363.90 $363.90

$361.24 $361.24

$354.48 $354.48

$327.36 $327.36

$316.60 $316.60

$293.29 $293.29

Vacant Sale Price

$50,000

$0

$200,000

$200,000

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I HEREtlY STATE lHJ\l 10 THl IH:Sl or MY KNOWllDGI:., INFORt.IATtQrf AHU m·ut r. lfll SURVEY SHOWN II[RCON WA5 UAOt IN AU:OifU/114Cr WIT .. THC RLOUIRUifNJ!' OF' THF UINIMUU STANDARDS UANUAI t'OA Til[ rRACHC:f nr I ~0 'iUIM. YING IN ':llUIII t"AII(.'LINA. ANP .Uf"ETS OR EXCCCDS THE REOUIRI'MrNIS tOR II CLASS B SURVF'f AS ~llf Cll II 1'1 IHl-RU~I. ALSO tHtRE ARr NO vr:iiHI.L ENCfmKHLCrNIS M rROJt.:CfiOr4~ Ollfrf~ 11111N •;,.10wt~

UIIS PROP[RI'I" IS tOCAl£0 IN 10HE C AS DCII:HMifollU ltv f'E ... A. fUfM CUUUUNIIV-I'ANil NUUB[R 450025 OOO!:t U. llAfliJ 09/,9/tui

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Book22491Page950

~~··~o~ BEAUFORT SU~G •• ;t, .,, IR13 rARI~ AVt:NUt: l'tiR'r HIJYAL. S l ~ '2UU:1G PtiONt: (843) $!4 :1~1 r,~er, 1176

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RECORDED 2015 Nov -19 09;08 AM

BEAUFow1&fuWttiuoiTOR

STATE OF SOUTH CAROLINA ) )

C01JNTY OF BEAUFORT )

I IIIII

DEED TO REAL ISTATE

KNOW ALL MEN BY 111ESE PRESENTS, tbatCountyofBc:aufort, iacbeStateafDresaid,

for and in coDBidemtion of Five and No/100 (S5.00) Dollm. to it in band paid at amd before the

sealing of these praeDf8 by 1.4wCcnmtJy Habitat for HUID8Dity A South Carolina Non-Profit

Oqanizatiou, 616 Parris JsJmd Oateway, Beaufort, SC 29906 the n:cc:ipt whereof is lu:reby

ackuowleclpd. has granted, barpined, soldaadn:leased, aad bytheaepraents does grant, IJarpiD,

seD and release unto the said LowCounby Habitat for Humanity, its SU&lCCS80II and asaigas forever,

the following dcscn"bed property, to wit

ALL tbat certain piece, parcel or lot of laad, topther with buildings and

improvements tbaeon, situate, lying, and beiqin Beaufort CoiJid¥, South CamliDa,

lmown ami desipated as Lot 8, BlockB, Wadden Ganleoa Subdivision, as shown on

a plat and prepared by Jones &Mmph, dated November 15, 19S7,rcvisedAugust 16,

1962, and reconlecl in the OBiceoftheRegister ofDeeds for Beaufort County, South

Carolina, in Plat Book 13 at Pap 57.

'Ibis deed is subject to all appUcable coveDIDts, ccmditiona, restdcdons and

eascmmts &led ofraconi in thcOfticoof1heRcsista'ofDeecls for BeaufOrt County,

South CaroliDa.

'Ibis beiug the same pmpcrt.y convf:)'ed to tbe within Grantors by deed of

Don. R. NaVIII!de amiADgl:la NIIVID'Cte, dated December 27, 1999, and recorded ia

the .Record Book 1253 at pap '199 in tbeOftice oftheRqisterofDeeds for Beaufort

County, South Carolina. PDD DMP Reccrd 111101201512:22:56 PM BEAUFORT COUNTY TAX MAP REFERENCE

Dlit M1P SP:tep Parcel BlOCk WIHik

TMP# R120 008 000 0210 0000 R120 008 OOo---021 0 0000 00--·

Book3437/Page1381 CFN#2015055017

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TOGEIBER with aU and singular, therigh1s, members, baeditameDts andappurtamnces to

the said premises belonging, or in anywise iaddent or appa1ainiag.

TO BA VE AND TO HOLD, all and singular, the said pJaDises before mentioned unto the

said LowCOUDtly Habitat for H111D11Dity, its success011 and assigus, forever.

AND County of Beaufort does bcnby bind itself aod its ~

defend tall and smgular, the said real piOpert)'lDito the ~~a~u,.- ra succ:essors and assigns, and against every penon whomsoever lawfully claimiag. or to claim, the

same or any part thereof.

WITNESSitsHandaadSealontbis J"''fla dayof DtloAac,.. .2015.

) ) ) )

COUNlY OF BEAUFORT

~Gcy~~~~

• Tho witbiD Deed prepared wfdaout lhe beaoftt of dtJo search by Allfson C. CO]JJIIp, Beaafart Caunty Lepl Dcpartma1, P.O. Box 1228, Beaufort. Saulb Clrollaa 29901

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~~~=-~~~~~~-----------------------1 Book3437/Page1382 CFN#2015055017 1

r -

-

................................................................................. STATE OF SOUTII CAROLINA

COUNfY OF BEAUFORT

) ) )

AFFIDAVIT OF PROBATE

PERSONAIL v _. bofote me Os b ~ ~' H """made Ollb tballlhc saw the within D8llled Gmy Kubic, Beaufort Countyd:: ~or, sign, seal and as his act and deed, de~er the within written Deed to Estate and tbat slhe with

,5y L!J)nr.o~ ,,1 witnessed the execution thereof.

SWORN to before me on C)e..f.ola•tt ,.,J '2015.

) ) ) ) C.4¥ ,, .kltNWz )

NotaJy Public for South CaroliDa ) My Commission ExpiJes: Q,.fo6v= ~ ~om

Book3437/Page1383 CFN#2015055017

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EXHIB:IT B

SAMPLE RESTRICTIVE COVENANT

STATEOFSOUTH CAROLINA

COUNTY OF BEAUFORT

) ) ) )

SAMPLE AGREEMENT AS TO

RESTRICTIVE COVENANT

THIS AGREEMENT is made and entered into as of the day of _____ ___, 2016, by and between LowCountry Habitat for Humanity (referred to as the "Owner"), and the Beaufort County/Lowcountry Regional HOME Consortium (hereinafter referred to as "Habitat" and " LRHC", respectively}.

WHEREAS, LowCountry Habitat for Humanity has made application to receive monies from LRHC in order to increase the supply of safe, decent and affordable housing to members of very low and lower income households as defined by the provisions of the Home Partnership ACT (hereinafter referred to as the .. ACT'); and

WHEREAS, the Owner has been selected to receive Twenty-Five Thousand Dollars ($25,000.00) from LRHC to provide a rental unit to be converted into a homeownership unit and

WHEREAS, the provisions of the ACT require that no project shall be eligible to receive assistance from the LRHC unless the housing units located on the project are reserved exclusively for the use of members of very low or lower income households for at least 20 years (unless released earlier as provided herein), beginning on the date of ; and

WHEREAS, the Owner(s) is/are a members(s) of very low and lower income households as defined by the provisions of the Act; and

WHEREAS, it is the intent of Habitat and the Owner(s) to comply with the provisions of the Act,

NOW, THEREFORE, in consideration of the assistance provided to Owner(s) by LRHC, the Owner(s) covenant(s) and agree(s) with the HOME funds as follows:

I. Provision of Housing. l11e owner agrees that as long as this Agreement remains in force, the Property shall be used solely for the purpose of providing housing to the Owners(s) initial1y, and thereafter to other members of very low and lower income households within the meaning of the Act;

2. Covenant. The Owner(s) acknowledge(s) that this Agreement is made in consideration of the receipt of money from the LRHC and is in the nature of a covenant appurtenant to and running with the property and every part thereof so as to be binding upon all property owners, tenants, licensees, occupants, and their successors in interes ts with respect to the Property throughout the tenn specified herein;

3. Survival. Subject to the limitations specified herein, this Agreement shall survive a sale, transfer, or other disposition of the Property.

4. The Property. The Property shall consist of the real property described herein, to wit:

IN WITNESS WHEREOF, the parties have set their hands as of the date first above written.

Witness 1

Witness 2

STATE OF SOUTH CAROLINA

COUNTY OF BEAUFORT

) ) )

Beaufort Counly/Lowcounuy Regionnl HOME Consortium as Adminislmlor of Unilc:d Slnles Depanment Housing & Dcvelopmenl HOME funds.

By:----------Gary Kubic, Beaufort County Administrator

PROBATE

PERSONALLY appeared before and made oath that _he saw the within named Beaufort County/Lowcountry Regional HOME Consortium by Gary Kubic, as Beaufort County Administrator, sign, seal, and as its act and deed, deliver the within written Agreement As To Restrictive Covenants, and that _ h~ with witnessed the execution thereof.

Witness I

SWORN to before me this_____ day of ______________ , 200_.

___________ (L.S.)

Notary Public for South Carolina My Commission Expires:-------

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IN WITNESS WHEROF, the parties have set their hands as of the date first above written.

Witness I

Witness2 By: __________________ __

Owner

By: __________________ __

Owner

STATE OF SOUTH CAROLINA ) ) PROBATE

COUNTY OF ______________ __ )

PERSONALLY appeared before , who being first duly sworn, deposes and says that_ he saw the within named Owner(s) sign, seal, and as her act and deed, deliver the within written Agreement As To Restrictive Covenants, and that _ he, with witnessed the execution thereof.

SWORN to before me this ___ day of ____________ ,,201_

-----------• (L.S.) Notary Public for South Carolina My Commission Expires: _____ _

Witness I

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