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(i) If at any time prior to the end of the loan term following completion of <br />construction or loan closing there occurs a sale of the property, the unit ceases to be the <br />assisted Household's principal residence or default occurs, the First Lien and Second <br />Lien shall become due and payable. <br />(ii) In the event that the assisted Household refinances any superior lien, at <br />Department's discretion, the Department will re-subordinate if the household can provide <br />documentation, acceptable to the Department, showing that no funds are due the assisted <br />Household as a result of the refinance; the Household will pay off the Department's lien; <br />or that the refinance will not adversely impact the ability for the household to continue to <br />meet the affordability requirements of the Department's loan. <br />(iii) In the event of payoff of any superior lien, the assisted Household will <br />have the option of: repaying the balance of the Department's loan(s) in full; or repaying <br />the balance of the Department's loan(s) in equal monthly installments over a five (5) year <br />period. <br />ARTICLE IV <br />RESERVATION, COMMITMENT, AND DISBURSEMENT OF HOME FUNDS <br />Section 4.1 Reservation and Commitment of HOME Funds <br />A. A Commitment of Funds shall not be made under this Contract until which time <br />as the Board has ratified the Executive Director's approval of the RSP application and the <br />authority of the Department to enter into this Contract. If the Board fails to ratify the Executive <br />Director's approval of the RSP application, the Department's obligations hereunder shall <br />terminate and Department shall have no liability to reimburse or otherwise compensate RSP for <br />activities performed. <br />B. For a Commitment of Funds to a Household, RSP must submit to the Department <br />at its offices in Travis County, Texas, a properly completed electronic Reservation of Funds for <br />an Activity and support documentation using the Housing Contract System in accordance with <br />the Program Requirements and as required and specified by Department in its sole discretion. <br />C. An approved Reservation of Funds and Commitment of Funds shall be required <br />for each Activity that receives HOME Funds under this Contract and the Reservation System. <br />D. A Reservation of Funds shall not constitute a Commitment of Funds until RSP <br />has submitted all required documentation and such documentation has been accepted by <br />Department. If, during review, the Department identifies Administrative Deficiencies, the <br />Department will allow a cure period of ten (10) Business Days beginning at the start of the first <br />Business Day following the date the RSP notified of the Administrative Deficiency. If any <br />Administrative Deficiency remains after the cure period, the Department shall, in its sole <br />7 of 25 2010-0015 <br />r~ <br />