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the time of employment, is not laNvfully adtnitted for permanent residence to the United States or authorized under law to be employed in that manner in the United States. If. after receiving a public subsidy. Administrator, or a branch, division, or department of Administrator is con\-icted of a violation under 8 U.S.C. § 1324(a)(f). Administrator shall repay the amount of the public subsidy as stated under Section 3.13. of this Contract with interest, at the rate of according to the other ternis provided by an agreement under Texas Government Code §2264.053, not later than the 120`" day after the date the Department notifies Administrator of the violation. In accordance with a previous agreement between the Department and Administrator, Administrator acl:nowledges and agrees that if Administrator, or branch, division, or department of Administrator is convicted of a violation under 8 U.S.C. §1324(a)(f), Administrator shall repay the amount of the public subsidy as stated under Section 3.13. of this Contract with interest, at an interest rate per annum to be determined by the Department's Board of Directors at the time of award, not later than the 120`h day after the date the Department notifies the Administrator of the violation. SECTI.ON 22. SPECIAL CONDITIONS A. Department shall not release any disbursements for any costs incurred by Administrator under this contract until Department has received certification from Administrator that its fiscal control and fund accounting procedures are adequate to assure the proper disbursal --O-~.at1d-aC~-ountln.gJnr,-fiulds-pxQy-td~ilucier-this_.contraci-D-epartment shall -spAari£y_-thi- content and form of such certification. B. A housing unit assisted with funds provided under this contract must meet the affordability requirements of 24 C.F.R. §92.254(a) and (c) and 92.612(c). Administrator is liable and agrees to repay an amount specified by Department for each housing unit assisted with funds provided under this contract that fails to comply, or ceases to comply, with the affordability requirements of this contract. If Administrator lends funds provided under this contract to anyone, the resulting loan agreement, note, and mortgage rnust provide that the affordability requirements must continue to be met throughout the term of the loan and that the affordability requirements shall be binding upon the heirs, successors, assignees, and transferees of Administrator. Department shall not release any funds for any costs incurred by Administrator under this contract until Department has received from Administrator an executed, legally enforceable agreement from each homeowner containing remedies adequate to enforce the affordability requirements of 24 C.F.R. §92.254, as applicable, with Administrator. Administrator shall record such agreements in the real property recards of the county in which the housing unit is located and return the original documents, duly certified as to recordation by the appropriate county official, to Department. Receipt of such certified recorded original agreements by Department is required prior to disbursement of any funds under this contract. C. Upon termination of this contract, all funds remaining on hand on the date of termination, and all accounts receivable attributable to the use of funds received under this contract shall revert to Department. Administrator shall return these assets to Department within seven (7) business days after the date of tennination. HOME Contract 41000930 Page 13 of 21 M 000118