PARTICIPATION AGREEMENT AND ACKNOWLEDGMENT OF LOAN RESTRICTIONS

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1 COLUMBIA NON-PROFIT HOUSING FIRST HOME LOAN PROGRAM PARTICIPATION AGREEMENT AND ACKNOWLEDGMENT OF LOAN RESTRICTIONS I. PURPOSE AND GOALS The purpose of the First Home Loan Program is to establish and maintain a revolving pool of funds dedicated to homebuyer assistance in Clark County and the City of Woodland, Washington. The goals of the First Home Loan Program are: Increased home ownership opportunities for low and moderate income families Dual access to all qualified buyers Increased home ownership in older neighborhoods Coordinated public efforts to encourage and facilitate home ownership Work within and cooperation with the real estate and lending communities Providing homebuyer education and counseling to assure successful home ownership experiences. II. APPLICANT REQUIREMENTS A. INCOME: AT OR BELOW 80% OF MEDIAN INCOME FAMILY SIZE MAXIMUM INCOME FAMILY SIZE MAXIMUM INCOME 1 $38, $58, $43, $63, $48, $67, $54, $71, Guidelines updated as of March 31, Form 13: Page 1 B. FIRST-TIME HOME BUYER: Buyer has not owned a home for three years prior to

2 closing on their home. (Exceptions are allowed for displaced homemakers who have lost a home through divorce or death of a spouse). C. RESIDENCE REQUIREMENT: The buyer must have lived or worked in Clark County and the City of Woodland, Washington. D. EDUCATION: The buyer must participate in an educational program. 1. Optional: Attend at a personal counseling session at the Home Ownership Center. The purpose of the counseling session is to help the prospective homeowner assess their capacity and readiness for home ownership. 2. Required: Completion of a Washington State Housing Commission-authorized First-Time Home Buyer Seminar (currently offered through the Home Ownership Center and local lenders). 3. Required: A one and one half orientation including the requirements of the program, lenders requirements, income and credit requirements, and execution of the prepurchase agreement and payment of an application fee (available through First Home Loan Program staff call us to register). 4. Required: Attend one quarterly post purchase training session within one year after purchase of a home. Please contact the Home Ownership Center at to obtain a schedule for this class. III. PROGRAM RESTRICTIONS AND REQUIREMENTS A. ELIGIBLE PROPERTIES 1 Homes for sale in Clark County and the City of Woodland, Washington. The purchase cap is ninety (90) percent of the median sales price monitored periodically and currently is $225,000. This amount will fluctuate as the sale prices go up and down within the housing market. 2 Inspections: An inspection by a certified housing inspector is required for all homes ten (10) years old and older and is highly recommended for all homes to be purchased under the First Home Loan Program. Homes must meet HUD minimum housing quality standards. Those that do not may be remodeled prior to closing with the agreement of the seller and primary lender (CNPH will send out a Housing Quality Standards Inspector (HQS) approximately one week prior to closing on your transaction to complete an inspection. Form 13: Page 2 Homes 1978 or older are subject to a lead visual assessment. If lead is identified then a full lead assessment will be required and federal lead paint regulations will then apply.

3 All homes financed under the First Home Loan Program must be protected by a hard-wired or battery operated smoke detector installed in accordance with NFPA 74. Section 31(e) of the Fire Administration Authorization Act of Previously unoccupied homes within a 100-year flood plain are not eligible. 4. Transactions that cause the relocation of any individual under the Federal Relocation Act do not qualify. If the home is currently occupied by a renter or was not recently occupied by a renter it will generally not qualify for assistance under the First Home Loan Program. If the seller does not currently occupy the home obtain clarification of eligibility from the First Home Loan Program Administrator prior to executing a Purchase and Sale Agreement. B. BORROWER COMMITMENT Down Payment: a. The borrower must contribute a minimum of 3 percent (3%) of the purchase price in the borrowers own funds toward the purchase of the home. This provision is only waived if HOME Choice is used as a second mortgage product. b. Additional funds from other sources may be used after the minimum down payment has been made. c. Total funds to close must equal or exceed the total of closing costs and prepaid items for closing including any mortgage insurance premium that is added to the first mortgage. d. If the borrower may have a maximum of $5,000 of liquid assets excluding the minimum three (3%) required down payment. Any liquid assets above the $5,000 must be applied to the project reducing the amount of the loan The First Home Loan Program is willing to loan. e. Borrower must take advantage of the lowest interest rate available for the first mortgage loan from the lender of their choice including the Washington State Housing Finance Commission s House Key Program. Exceptions must be authorized by CNPH staff prior to preliminary fund reservation. C. FIRST MORTGAGE PAYMENT Form 13: Page 3 Borrower s maximum housing ratio can not exceed thirty three percent (33%) of the family s gross income. The first mortgage payment includes principal, interest, property taxes and hazard insurance, and mortgage insurance if applicable. Escrow accounts are required for all the first

4 mortgage loan for all participants using this program. It does not include monthly payments for other down payment assistance loans (i.e. House Key Plus, Home Choice, etc.) D. RESTRICTIONS 1 Occupancy: The borrower must maintain the home as his/her principal residence and the home may not be rented at any time. Shared Equity: Shared equity is in lieu of payment of principal and interest for the term of the loan. The shared equity amount shall be equal to the percentage of the First Home Loan to the gross purchase price of the home as applied to the difference between the gross purchase price and the net sale price. Credit is given for the value of improvements made by the homeowner during the period of home ownership. Value of improvements will be determined by appraisal of a qualified appraiser. Minimum pay off for the First Home Loan Program down payment assistance loan is the original principal amount. If the market value increased during the time the borrower owned the home then a portion of this equity gain is due back to the program at the time of pay-off. 2 Resale: First Home loans are not assumable. Upon sale of a home, the First Home Loan must be repaid together with any shared equity amounts that may apply under the terms and conditions of the note and deed of trust. D. FEES - NO FEES ARE CURRENTLY BEING COLLECTED FOR CDBG OR HOME FUNDS 1. Application Fee $ -0- The application fee is not being charged. 2. Loan Processing Fee $ The loan processing fee is collected at closing only if your project is funded using any WSHF monies. Form 13: Page 4 The first mortgage lender may have additional fees. All fees are included in the three percent (3%) minimum borrower contribution. Borrower may contribute more than three percent (3%). However, three percent is all that is required by this program. Matched savings accounts offered

5 by a number of lending institutions or non profit organizations are considered the borrower s own funds for the purpose of this agreement. E. COLLATERAL First Home Loan Program funds will be secured by a second mortgage note and deed of trust with rider which will be subordinated to the first mortgage holder. No payment of interest or principal will be required for the term of the first mortgage up to 30 years subject to the terms and conditions of the note and deed of trust. IV. CONFLICTS OF INTEREST Federal, State and Local Government funds may be used in support of loans made under the First Home Loan Program. Each of these sources may have specific restrictions regarding the conflicts prohibited and the persons covered. A. CONFLICTS PROHIBITED. No persons described in paragraph B of this section who exercise or have exercised any functions or responsibilities with respect to activities assisted with First Home Loan 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 from a First Home Loan assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. B. PERSONS COVERED. 1. The conflict of interest provisions of paragraph A of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the participating jurisdiction, state recipient, or sub-recipient which is receiving Community Development Block Grant funds, HOME funds, or funds originating from the Washington State Department of Community, Trade and Economic Development. Form 13: Page 5 2. Specifically included under this section are members of the Board of Directors of Columbia Non-Profit Housing and their employees and members.

6 V. CERTIFICATIONS ACKNOWLEDGMENT OF ASSET LIMITATIONS FOR THE FIRST HOME LOAN PROGRAM I (we) fully understand that in applying for the First Home Loan Program I (we) will not be permitted to retain more than Five Thousand Dollars ($5,000) in liquid assets at the closing, or have any interest in real estate (other than the residence being purchased under this program) or have any interest in a business other than that which is my (our) primary source of income. I (we) certify that all the information and statements to be made during the application process will be true and correct to the best of my (our) knowledge and that I (we) will disclose all my (our) assets at the time the mortgage application is made. I (we) fully understand that criminal penalties can be imposed for providing fraudulent or misleading information in connection with the mortgage application process. (buyer co-buyer) I (we),, have read this Participation Agreement and understand the terms and conditions of the First Home Loan Program. I (we) agree to attend a Certified Home Buyer Education class sponsored by the Washington State Housing Finance Commission. I (we) stipulate that I (we) am (are) not covered by the conflict of interest provision as stated above. Applicant Date: Applicant Form 13: Page 6 Date:

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