Common use of Agreement to turn over Proceeds; Future Reassignment Clause in Contracts

Agreement to turn over Proceeds; Future Reassignment. i. If Participant (or any lender to which DOB Proceeds are payable, to the extent permitted by superior loan documents) has received or hereafter receives any DOB Proceeds, Participant agrees to promptly pay such amounts to NCORR, if Participant received an award under the Programs in an amount greater than the amount Participant would have received if such DOB Proceeds had been considered in the calculation of Participant’s award. ii. In the event that the Participant received, receives or is scheduled to receive any Proceeds not previously disclosed to NCORR (“Subsequent Proceeds”), Participant shall notify NCORR of such Subsequent Proceeds, and NCORR will determine the amount, if any, of such Subsequent Proceeds that are DOB Proceeds (“Subsequent DOB Proceeds”) in accordance with the Xxxxxxxx Act. Subsequent DOB Proceeds shall be disbursed as follows: (a) If the Award has been fully expended by NCORR any subsequent DOB Proceeds shall be paid by Participant to NCORR up to the amount of the Award. (b) If no portion of the Award has been expended by NCORR, any Subsequent DOB Proceeds shall be paid by Participant to NCORR and used to reduce the Award. If the application of the Subsequent DOB Proceeds would reduce the Award to zero, all Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR shall be returned to the Participant, and this Agreement shall terminate. (c) If some portion of the Award has been expended by NCORR, any Subsequent DOB Proceeds shall be used, retained and/or disbursed in the following order: (1) Subsequent DOB Proceeds shall first be paid by Participant to NCORR to reduce the unexpended portion of the Award; (2) if the application of the Subsequent DOB Proceeds would reduce the unexpended Award to zero, any remaining Subsequent DOB Proceeds shall be applied to expended portion of the Award and retained by NCORR; (3) if the application of the Subsequent DOB Proceeds reduces both the unexpended and the expended portions of the Award to zero, any remaining Subsequent DOB Proceeds shall be returned to the Participant, and this Agreement shall terminate. (d) If NCORR makes the determination that the Participant(s) does not qualify to participate in any of the Housing Recovery Programs or the Participant decides not to participate in the Housing Recovery Programs, the Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR that have not been used or obligated by the Program shall be returned to the Participant and this Agreement shall terminate. iii. Once NCORR has recovered an amount equal to the Award, NCORR will reassign to Participant any rights assigned to NCORR pursuant to this Agreement.

Appears in 13 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

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Agreement to turn over Proceeds; Future Reassignment. i. If Participant (or any lender to which DOB Proceeds are payable, to the extent permitted by superior loan documents) has received or hereafter receives any DOB Proceeds, Participant agrees to promptly pay such amounts to NCORRNCEM, if Participant received an award under the Programs in an amount greater than the amount Participant would have received if such DOB Proceeds had been considered in the calculation of Participant’s award. ii. In the event that the Participant received, receives or is scheduled to receive any Proceeds not previously disclosed to NCORR NCEM (“Subsequent Proceeds”), Participant shall notify NCORR NCEM of such Subsequent Proceeds, and NCORR NCEM will determine the amount, if any, of such Subsequent Proceeds that are DOB Proceeds (“Subsequent DOB Proceeds”) in accordance with the Xxxxxxxx Act. Subsequent DOB Proceeds shall be disbursed as follows: (a) If the Award has been fully expended by NCORR NCEM any subsequent DOB Proceeds shall be paid by Participant to NCORR NCEM up to the amount of the Award. (b) If no portion of the Award has been expended by NCORRNCEM, any Subsequent DOB Proceeds shall be paid by Participant to NCORR NCEM and used to reduce the Award. If the application of the Subsequent DOB Proceeds would reduce the Award to zero, all Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR NCEM shall be returned to the Participant, and this Agreement shall terminate. (c) If some portion of the Award has been expended by NCORRNCEM, any Subsequent DOB Proceeds shall be used, retained and/or disbursed in the following order: (1) Subsequent DOB Proceeds shall first be paid by Participant to NCORR NCEM to reduce the unexpended portion of the Award; (2) if the application of the Subsequent DOB Proceeds would reduce the unexpended Award to zero, any remaining Subsequent DOB Proceeds shall be applied to expended portion of the Award and retained by NCORRNCEM; (3) if the application of the Subsequent DOB Proceeds reduces both the unexpended and the expended portions of the Award to zero, any remaining Subsequent DOB Proceeds shall be returned to the Participant, and this Agreement shall terminate. (d) If NCORR NCEM makes the determination that the Participant(s) does not qualify to participate in any of the Housing Recovery Programs or the Participant decides not to participate in the Housing Recovery Programs, the Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR NCEM that have not been used or obligated by the Program shall be returned to the Participant and this Agreement shall terminate. iii. Once NCORR NCEM has recovered an amount equal to the Award, NCORR NCEM will reassign to Participant any rights assigned to NCORR NCEM pursuant to this Agreement.

Appears in 6 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

Agreement to turn over Proceeds; Future Reassignment. i. If Participant (or any lender to which DOB Proceeds are payable, to the extent permitted by superior loan documents) has received or hereafter receives any DOB Proceeds, Participant agrees to promptly pay such amounts to NCORR, if Participant received an award under the Programs in an amount greater than the amount Participant would have received if such DOB Proceeds had been considered in the calculation of Participant’s award. ii. In the event that the Participant received, receives or is scheduled to receive any Proceeds not previously disclosed to NCORR (“Subsequent Proceeds”), Participant shall notify NCORR of such Subsequent Proceeds, and NCORR will determine the amount, if any, of such Subsequent Proceeds that are DOB Proceeds (“Subsequent DOB Proceeds”) in accordance with the Xxxxxxxx Act. Subsequent DOB Proceeds shall be disbursed as follows: (a) If the Award has been fully expended by NCORR NCORR, any subsequent DOB Proceeds shall be paid by Participant to NCORR up to the amount of the Award. (b) If no portion of the Award has been expended by NCORR, any Subsequent DOB Proceeds shall be paid by Participant to NCORR and used to reduce the Award. If the application of the Subsequent DOB Proceeds would reduce the Award to zero, all Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR shall be returned to the Participant, and this Agreement shall terminate. (c) If some portion of the Award has been expended by NCORR, any Subsequent DOB Proceeds shall be used, retained and/or disbursed in the following order: (1) Subsequent DOB Proceeds shall first be paid by Participant to NCORR to reduce the unexpended portion of the Award; (2) if the application of the Subsequent DOB Proceeds would reduce the unexpended Award to zero, any remaining Subsequent DOB Proceeds shall be applied to expended portion of the Award and retained by NCORR; (3) if the application of the Subsequent DOB Proceeds reduces both the unexpended and the expended portions of the Award to zero, any remaining Subsequent DOB Proceeds shall be returned to the Participant, and this Agreement shall terminate. (d) If NCORR makes the determination that the Participant(s) does not qualify to participate in any of the Housing Recovery Programs or the Participant decides not to participate in the Housing Recovery Programs, the Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR that have not been used or obligated by the Program shall be returned to the Participant and this Agreement shall terminate. iii. Once NCORR has recovered an amount equal to the Award, NCORR will reassign to Participant any rights assigned to NCORR pursuant to this Agreement.

Appears in 4 contracts

Samples: Grant Agreement, Grant Agreement, Grant Agreement

Agreement to turn over Proceeds; Future Reassignment. i. (a) If Participant (Applicant receives any Proceeds, or any lender to which DOB Proceeds are payable, to the extent permitted by superior loan documents) has received or hereafter receives any DOB Proceeds, Participant agrees to promptly pay such amounts to NCORR, if Participant received an award under the Programs in an amount greater than the amount Participant would have received if such DOB Proceeds had been considered in the calculation of Participant’s award. ii. In the event notice that the Participant received, receives or he/she is scheduled to receive any Proceeds, and such Proceeds have not been previously disclosed to NCORR in connection with its Application (“Subsequent Proceeds”), Participant shall Applicant must immediately notify NCORR HTFC and provide HTFC with copies of any communications concerning the Subsequent Proceeds. (b) Upon receipt of such Subsequent Proceedsnotice from Applicant, and NCORR HTFC will determine the amount, if any, amount of such the Subsequent Proceeds that are constitute DOB Proceeds (the “Subsequent DOB ProceedsAmount”) in accordance and thereafter provide Applicant with notice of its determination (the Xxxxxxxx Act“DOB Notice”). Subsequent Upon receipt of any such DOB Proceeds shall be disbursed Notice, Applicant hereby agrees to proceed as follows: (ai) If the Award Applicant has been fully expended by NCORR any subsequent DOB Proceeds shall be paid by Participant to NCORR up to the amount received all of the AwardSubsequent Proceeds, Applicant must surrender the Subsequent DOB Amount to HTFC, within three (3) business days of Applicant’s receipt of its DOB Notice. (bii) If no portion Applicant has received only part of the Award has been expended by NCORRSubsequent Proceeds, any but more than the Subsequent DOB Amount identified in the DOB Notice, then Applicant shall surrender the Subsequent DOB Amount to HTFC, within three (3) business days of Applicant’s receipt of its DOB Notice. (iii) If Applicant has received part of the Subsequent Proceeds, but less than the Subsequent DOB Amount, Applicant shall surrender to HTFC all of the Subsequent Proceeds shall be paid by Participant it has received, within three (3) business days of Applicant’s receipt of its DOB Notice. Upon Applicant’s receipt of any further Subsequent Proceeds, Applicant shall, within three (3) business days, surrender to NCORR and used to reduce HTFC the Award. If the application outstanding balance of the Subsequent DOB Proceeds would reduce the Award to zero, all Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR shall be returned to the Participant, and this Agreement shall terminateAmount. (civ) If some portion of the Award Applicant has been expended by NCORR, not yet received any Subsequent Proceeds, Applicant shall notify HTFC of this fact, within three (3) business days of Applicant’s receipt of its DOB Proceeds Notice. Thereafter, Applicant shall be used, retained and/or disbursed in the following order: notify HTFC within three (13) Subsequent DOB Proceeds shall first be paid by Participant to NCORR to reduce the unexpended portion business days of the Award; (2) if the application its receipt of any or all of the Subsequent DOB Proceeds would reduce the unexpended Award to zero, any remaining Subsequent DOB Proceeds shall be applied to expended portion of the Award and retained by NCORR; (3) if the application of the Subsequent DOB Proceeds reduces both the unexpended and the expended portions of the Award to zero, any remaining Subsequent DOB Proceeds shall be returned to the Participant, and this Agreement shall terminate. (d) If NCORR makes the determination that the Participant(s) does not qualify to participate in any of the Housing Recovery Programs or the Participant decides not to participate in the Housing Recovery Programs, the Subsequent DOB Proceeds and any funds previously paid proceed as instructed by the Participant to NCORR that have not been used or obligated by the Program shall be returned to the Participant and this Agreement shall terminateHTFC. iii. Once NCORR has recovered an amount equal to the Award, NCORR will reassign to Participant any rights assigned to NCORR pursuant to this Agreement.

Appears in 2 contracts

Samples: Subrogation and Assignment Agreement, Subrogation and Assignment Agreement

Agreement to turn over Proceeds; Future Reassignment. i. a) If Participant Subrecipient (or any lender to which DOB Proceeds are payableor, to the extent permitted by superior loan documents, any lender to which DOB Proceeds are payable) has received or hereafter receives any DOB Proceeds, Participant Subrecipient agrees to promptly pay such amounts to NCORRPRDOH, if Participant Subrecipient received an award Grant Proceeds under the Programs Program in an amount greater than the amount Participant Subrecipient would have received if such DOB Proceeds had been considered in the calculation of Participant’s calcul award. ii. b) In the event that the Participant received, Subrecipient receives or is scheduled to receive any Proceeds not previously disclosed to NCORR (“listed on its Duplication of Benefits Subsequent Proceeds”), Participant Proceeds Subrecipient shall notify NCORR of pay such Subsequent ProceedsProceeds directly to the PRDOH, and NCORR PRDOH will determine the amount, if any, of such Subsequent Proceeds that are DOB Proceeds (“Subsequent DOB Proceeds”) in accordance with the Xxxxxxxx Act. Subsequent DOB Proceeds shall be disbursed as follows: (ai) If the Award Subrecipient has been fully expended by NCORR any subsequent DOB Proceeds shall be paid by Participant to NCORR up to the amount received full payment of the Award. (b) If no portion of the Award has been expended by NCORRGrant Proceeds, Subrecipient shall remit any Subsequent DOB Proceeds to PRDOH. PRDOH shall be paid by Participant return to NCORR and used to the Subrecipient any Subsequent Proceeds in excess of the Subsequent DOB Proceeds. (ii) If Subrecipient has received no payment of the Grant Proceeds, PRDOH shall reduce the Award. If payment of the application Grant Proceeds to Subrecipient by the amount of the Subsequent DOB Proceeds would reduce the Award to zero, and shall return all Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR shall be returned to the Participant, and this Agreement shall terminate. (c) If some portion of the Award has been expended by NCORR, any Subsequent DOB Proceeds shall be used, retained and/or disbursed in the following order: (1) Subsequent DOB Proceeds shall first be paid by Participant to NCORR to reduce the unexpended portion of the Award; (2) if the application excess of the Subsequent DOB Proceeds would to Subrecipient. (iii) If Subrecipient has received a portion of the Grant Proceeds, the following shall occur: (A) PRDOH shall reduce the unexpended Award remaining payments of the Grant Proceeds and return Subsequent DOB Proceeds in such amount to zero, the Subrecipient; and (B) Subrecipient shall remit any remaining Subsequent DOB Proceeds to PRDOH. PRDOH shall be applied also return to expended portion of the Award and retained by NCORR; (3) if the application Subrecipient any Subsequent Proceeds in excess of the Subsequent DOB Proceeds reduces both the unexpended and the expended portions of the Award to zero, any remaining Subsequent DOB Proceeds shall be returned to the Participant, and this Agreement shall terminateProceeds. (div) If NCORR the PRDOH makes the determination that the Participant(s) Subrecipient does not qualify to participate in any of the Housing Recovery Programs Program or the Participant Subrecipient decides not to participate in the Housing Recovery ProgramsProgram, PRDOH shall return the Subsequent DOB Proceeds to Subrecipient, and any funds previously paid by the Participant to NCORR that have not been used or obligated by the Program shall be returned to the Participant and this Agreement shall terminate. iii. c) Once NCORR PRDOH has recovered an amount equal to the AwardGrant Proceeds paid to Subrecipient, NCORR PRDOH will reassign to Participant Subrecipient any rights assigned given to NCORR PRDOH pursuant to this Agreementthese provisions.

Appears in 1 contract

Samples: Subrecipient Agreement

Agreement to turn over Proceeds; Future Reassignment. i. (a) If Participant (Homeowner receives any Proceeds, or any lender to which DOB Proceeds are payable, to the extent permitted by superior loan documents) has received or hereafter receives any DOB Proceeds, Participant agrees to promptly pay such amounts to NCORR, if Participant received an award under the Programs in an amount greater than the amount Participant would have received if such DOB Proceeds had been considered in the calculation of Participant’s award. ii. In the event notice that the Participant received, receives or he/she is scheduled to receive any Proceeds, and such Proceeds have not been previously disclosed to NCORR in connection with its Application (“Subsequent Proceeds”), Participant shall Homeowner must immediately notify NCORR HTFC and provide HTFC with copies of any communications concerning the Subsequent Proceeds. (b) Upon receipt of such Subsequent Proceedsnotice from Homeowner, and NCORR HTFC will determine the amount, if any, amount of such the Subsequent Proceeds that are constitute DOB Proceeds (the “Subsequent DOB ProceedsAmount”) in accordance and thereafter provide Homeowner with notice of its determination (the Xxxxxxxx Act“DOB Notice”). Subsequent Upon receipt of any such DOB Proceeds shall be disbursed Notice, Homeowner hereby agrees to proceed as follows: (ai) If the Award Homeowner has been fully expended by NCORR any subsequent DOB Proceeds shall be paid by Participant to NCORR up to the amount received all of the AwardSubsequent Proceeds, Homeowner must surrender the Subsequent DOB Amount to HTFC, within three (3) business days of Homeowner’s receipt of its DOB Notice. (bii) If no portion of the Award Homeowner has been expended by NCORR, any Subsequent DOB Proceeds shall be paid by Participant to NCORR and used to reduce the Award. If the application received only part of the Subsequent DOB Proceeds would reduce Proceeds, but more than the Award to zero, all Subsequent DOB Proceeds and any funds previously paid by Amount identified in the Participant DOB Notice, then Homeowner shall surrender the Subsequent DOB Amount to NCORR shall be returned to the ParticipantHTFC, and this Agreement shall terminatewithin three (3) business days of Homeowner’s receipt of its DOB Notice. (ciii) If some portion of the Award Homeowner has been expended by NCORR, any Subsequent DOB Proceeds shall be used, retained and/or disbursed in the following order: (1) Subsequent DOB Proceeds shall first be paid by Participant to NCORR to reduce the unexpended portion of the Award; (2) if the application received part of the Subsequent DOB Proceeds would reduce Proceeds, but less than the unexpended Award to zero, any remaining Subsequent DOB Proceeds Amount, Homeowner shall be applied surrender to expended portion of the Award and retained by NCORR; (3) if the application HTFC all of the Subsequent DOB Proceeds reduces both the unexpended and the expended portions of the Award to zeroit has received, any remaining Subsequent DOB Proceeds shall be returned to the Participant, and this Agreement shall terminate. (d) If NCORR makes the determination that the Participant(s) does not qualify to participate in any of the Housing Recovery Programs or the Participant decides not to participate in the Housing Recovery Programs, the Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR that have not been used or obligated by the Program shall be returned to the Participant and this Agreement shall terminate. iii. Once NCORR has recovered an amount equal to the Award, NCORR will reassign to Participant any rights assigned to NCORR pursuant to this Agreement.within three

Appears in 1 contract

Samples: Subrogation and Assignment Agreement

Agreement to turn over Proceeds; Future Reassignment. i. i) If Participant (or any lender to which DOB Proceeds are payable, to the extent permitted by superior loan documents) has received or hereafter receives any DOB Proceeds, Participant agrees to promptly pay such amounts to NCORR, if Participant received an award under the Programs Program in an amount greater than the amount Participant would have received if such DOB Proceeds had been considered in the calculation of Participant’s award. ii. ) In the event that the Participant received, receives or is scheduled to receive any Proceeds not previously disclosed to NCORR (“Subsequent Proceeds”), Participant shall notify NCORR of such Subsequent Proceeds, and NCORR will determine the amount, if any, of such Subsequent Proceeds that are DOB Proceeds (“Subsequent DOB Proceeds”) in accordance with the Xxxxxxxx Act. Subsequent DOB Proceeds shall be disbursed as follows: (a1) If the Award has been fully expended by NCORR NCORR, any subsequent DOB Proceeds shall be paid by Participant to NCORR up to the amount of the Award. (b2) If no portion of the Award has been expended by NCORR, any Subsequent DOB Proceeds shall be paid by Participant to NCORR and used to reduce the Award. If the application of the Subsequent DOB Proceeds would reduce the Award to zero, all Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR shall be returned to the Participant, and this Agreement shall terminate. (c3) If some portion of the Award has been expended by NCORR, any Subsequent DOB Proceeds shall be used, retained and/or disbursed in the following order: : (1) Subsequent DOB Proceeds shall first be paid by Participant to NCORR to reduce the unexpended portion of the Award; (2) if the application of the Subsequent DOB Proceeds would reduce the unexpended Award to zero, any remaining Subsequent DOB Proceeds shall be applied to expended portion of the Award and retained by NCORR; (3) if the application of the Subsequent DOB Proceeds reduces both the unexpended and the expended portions of the Award to zero, any remaining Subsequent DOB Proceeds shall be returned to the Participant, and this Agreement shall terminate. (d4) If NCORR makes the determination that the Participant(s) does not qualify to participate in any of the Housing Homeowner Recovery Programs Program or the Participant decides not to participate in the Housing Homeowner Recovery Programs, the Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR that have not been used or obligated by the Program shall be returned to the Participant and this Agreement shall terminate. iii. ) Once NCORR has recovered an amount equal to the Award, NCORR will reassign to Participant any rights assigned to NCORR pursuant to this Agreement.

Appears in 1 contract

Samples: Grant Agreement

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Agreement to turn over Proceeds; Future Reassignment. i. i) If Participant (or any lender to which DOB Proceeds are payable, to the extent permitted by superior loan documents) has received or hereafter receives any DOB Proceeds, Participant agrees to promptly pay such amounts to NCORR, if Participant received an award under the Programs Program in an amount greater than the amount Participant would have received if such DOB Proceeds had been considered in the calculation of Participant’s award. ii. ) In the event that the Participant received, receives or is scheduled to receive any Proceeds not previously disclosed to NCORR (“Subsequent Proceeds”), Participant shall notify NCORR of such Subsequent Proceeds, and NCORR will determine the amount, if any, of such Subsequent Proceeds that are DOB Proceeds (“Subsequent DOB Proceeds”) in accordance with the Xxxxxxxx Act. Subsequent DOB Proceeds shall be disbursed as follows: (a1) If the Award has been fully expended by NCORR NCORR, any subsequent DOB Proceeds shall be paid by Participant to NCORR up to the amount of the Award. (b2) If no portion of the Award has been expended by NCORR, any Subsequent DOB Proceeds shall be paid by Participant to NCORR and used to reduce the Award. If the application of the Subsequent DOB Proceeds would reduce the Award to zero, all Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR shall be returned to the Participant, and this Agreement shall terminate. (c3) If some portion of the Award has been expended by NCORR, any Subsequent DOB Proceeds shall be used, retained and/or disbursed in the following order: : (1) Subsequent DOB Proceeds shall first be paid by Participant to NCORR to reduce the unexpended portion of the Award; (2) if the application of the Subsequent DOB Proceeds would reduce the unexpended Award to zero, any remaining Subsequent DOB Proceeds shall be applied to expended portion of the Award and retained by NCORR; (3) if the application of the Subsequent DOB Proceeds reduces both the unexpended and the expended portions of the Award to zero, any remaining Subsequent DOB Proceeds shall be returned to the Participant, and this Agreement shall terminate. (d4) If NCORR makes the determination that the Participant(s) does not qualify to participate in any of the Housing Recovery Programs or the Participant decides not to participate in the Housing Recovery Programs, the Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR that have not been used or obligated by the Program shall be returned to the Participant and this Agreement shall terminate. iii. ) Once NCORR has recovered an amount equal to the Award, NCORR will reassign to Participant any rights assigned to NCORR pursuant to this Agreement.

Appears in 1 contract

Samples: Grant Agreement

Agreement to turn over Proceeds; Future Reassignment. i. (a) If Participant (Homeowner receives any Proceeds, or any lender to which DOB Proceeds are payable, to the extent permitted by superior loan documents) has received or hereafter receives any DOB Proceeds, Participant agrees to promptly pay such amounts to NCORR, if Participant received an award under the Programs in an amount greater than the amount Participant would have received if such DOB Proceeds had been considered in the calculation of Participant’s award. ii. In the event notice that the Participant received, receives or he/she is scheduled to receive any Proceeds, and such Proceeds have not been previously disclosed to NCORR in connection with its Application (“Subsequent Proceeds”), Participant shall Homeowner must immediately notify NCORR HTFC and provide HTFC with copies of any communications concerning the Subsequent Proceeds. (b) Upon receipt of such Subsequent Proceedsnotice from Homeowner, and NCORR HTFC will determine the amount, if any, amount of such the Subsequent Proceeds that are constitute DOB Proceeds (the “Subsequent DOB ProceedsAmount”) in accordance and thereafter provide Homeowner with notice of its determination (the Xxxxxxxx Act“DOB Notice”). Subsequent Upon receipt of any such DOB Proceeds shall be disbursed Notice, Homeowner hereby agrees to proceed as follows: (ai) If the Award Homeowner has been fully expended by NCORR any subsequent DOB Proceeds shall be paid by Participant to NCORR up to the amount received all of the AwardSubsequent Proceeds, Homeowner must surrender the Subsequent DOB Amount to HTFC, within three (3) business days of Homeowner’s receipt of its DOB Notice. (bii) If no portion Homeowner has received only part of the Award has been expended by NCORRSubsequent Proceeds, any but more than the Subsequent DOB Amount identified in the DOB Notice, then Homeowner shall surrender the Subsequent DOB Amount to HTFC, within three (3) business days of Homeowner’s receipt of its DOB Notice. (iii) If Homeowner has received part of the Subsequent Proceeds, but less than the Subsequent DOB Amount, Homeowner shall surrender to HTFC all of the Subsequent Proceeds shall be paid by Participant it has received, within three (3) business days of Homeowner’s receipt of its DOB Notice. Upon Homeowner’s receipt of any further Subsequent Proceeds, Homeowner shall, within three (3) business days, surrender to NCORR and used to reduce HTFC the Award. If the application outstanding balance of the Subsequent DOB Proceeds would reduce the Award to zero, all Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR shall be returned to the Participant, and this Agreement shall terminateAmount. (civ) If some portion of the Award Homeowner has been expended by NCORR, not yet received any Subsequent Proceeds, Homeowner shall notify HTFC of this fact, within three (3) business days of Homeowner’s receipt of its DOB Proceeds Notice. Thereafter, Homeowner shall be used, retained and/or disbursed in the following order: notify HTFC within three (13) Subsequent DOB Proceeds shall first be paid by Participant to NCORR to reduce the unexpended portion business days of the Award; (2) if the application its receipt of any or all of the Subsequent DOB Proceeds would reduce the unexpended Award to zero, any remaining Subsequent DOB Proceeds shall be applied to expended portion of the Award and retained by NCORR; (3) if the application of the Subsequent DOB Proceeds reduces both the unexpended and the expended portions of the Award to zero, any remaining Subsequent DOB Proceeds shall be returned to the Participant, and this Agreement shall terminate. (d) If NCORR makes the determination that the Participant(s) does not qualify to participate in any of the Housing Recovery Programs or the Participant decides not to participate in the Housing Recovery Programs, the Subsequent DOB Proceeds and any funds previously paid proceed as instructed by the Participant to NCORR that have not been used or obligated by the Program shall be returned to the Participant and this Agreement shall terminateHTFC. iii. Once NCORR has recovered an amount equal to the Award, NCORR will reassign to Participant any rights assigned to NCORR pursuant to this Agreement.

Appears in 1 contract

Samples: Subrogation and Assignment Agreement

Agreement to turn over Proceeds; Future Reassignment. i. a. If Participant (or any lender to which DOB Proceeds are payable, to the extent permitted by superior loan documents) Applicant has received or hereafter receives will receive any DOB ProceedsDOB, Participant Applicant agrees to promptly pay such amounts to NCORR, if Participant the Program provided the Applicant received an award HBA under the Programs Program in an amount greater than the amount Participant Applicant would have received if such DOB Proceeds had been considered in the calculation of ParticipantApplicant’s awardHBA. ii. b. In the event that the Participant received, receives Applicant has or is scheduled to will receive any Proceeds not previously disclosed to NCORR the Program (“Subsequent Proceeds”), Participant Applicant shall notify NCORR the Program of such Subsequent Proceeds, and NCORR the Program will determine the amount, if any, of such Subsequent Proceeds that are DOB Proceeds (“Subsequent DOB ProceedsDOB”) in accordance with the Xxxxxxxx Act. Subsequent DOB Proceeds shall be disbursed as follows: (a) i. If the Award HBA has been fully expended by NCORR the Program, any subsequent Subsequent DOB Proceeds shall be paid by Participant considered to NCORR up be same purpose different use funds as a fully expended HBA amount shall signal the no remaining need to the amount of the Awardacquire a replacement property. (b) ii. If no portion of the Award HBA has been expended by NCORRthe Program, any Subsequent DOB Proceeds shall be paid by Participant to NCORR and used to reduce the AwardHBA amount. If the application of the Subsequent DOB Proceeds would reduce the Award HBA to zero, all any remaining Subsequent DOB Proceeds after reducing the HBA to zero, and any funds previously paid by the Participant Applicant to NCORR shall be returned to the Participant, and this Agreement shall terminate. (c) If some portion of the Award has been expended by NCORR, any Subsequent DOB Proceeds shall be used, retained and/or disbursed in the following order: (1) Subsequent DOB Proceeds shall first be paid by Participant to NCORR to reduce the unexpended portion of the Award; (2) if the application of the Subsequent DOB Proceeds would reduce the unexpended Award to zero, any remaining Subsequent DOB Proceeds shall be applied to expended portion of the Award and retained by NCORR; (3) if the application of the Subsequent DOB Proceeds reduces both the unexpended and the expended portions of the Award to zero, any remaining Subsequent DOB Proceeds shall be returned to the Participant, and this Agreement shall terminate. (d) If NCORR makes the determination that the Participant(s) does not qualify to participate in any of the Housing Recovery Programs or the Participant decides not to participate in the Housing Recovery Programs, the Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR that have not been used or obligated by the Program shall be returned to the Participant Applicant, and this Agreement the HBA shall terminate. iii. Once NCORR has recovered an amount equal to the Award, NCORR will reassign to Participant any rights assigned to NCORR pursuant to this Agreement.

Appears in 1 contract

Samples: Assignment Agreement for Homebuyer Assistance Funding

Agreement to turn over Proceeds; Future Reassignment. i. (a) If Participant (Homeowner receives any Proceeds, or any lender to which DOB Proceeds are payable, to the extent permitted by superior loan documents) has received or hereafter receives any DOB Proceeds, Participant agrees to promptly pay such amounts to NCORR, if Participant received an award under the Programs in an amount greater than the amount Participant would have received if such DOB Proceeds had been considered in the calculation of Participant’s award. ii. In the event notice that the Participant received, receives or he/she is scheduled to receive any Proceeds, and such Proceeds have not been previously disclosed to NCORR in connection with its Application (“Subsequent Proceeds”), Participant shall Homeowner must immediately notify NCORR HTFC and provide HTFC with copies of any communications concerning the Subsequent Proceeds. (b) Upon receipt of such Subsequent Proceedsnotice from Homeowner, and NCORR HTFC will determine the amount, if any, amount of such the Subsequent Proceeds that are constitute DOB Proceeds (the “Subsequent DOB ProceedsAmount”) in accordance and thereafter provide Homeowner with notice of its determination (the Xxxxxxxx Act“DOB Notice”). Subsequent Upon receipt of any such DOB Proceeds shall be disbursed Notice, Homeowner hereby covenants and agrees to proceed as follows: (ai) If the Award Homeowner has been fully expended by NCORR any subsequent DOB Proceeds shall be paid by Participant to NCORR up to the amount received all of the AwardSubsequent Proceeds, Homeowner must surrender the Subsequent DOB Amount to HTFC, within three (3) business days of Homeowner’s receipt of its DOB Notice. (bii) If no portion Homeowner has received only part of the Award has been expended by NCORRSubsequent Proceeds, any but more than the Subsequent DOB Amount identified in the DOB Notice, then Homeowner shall surrender the Subsequent DOB Amount to HTFC, within three (3) business days of Homeowner’s receipt of its DOB Notice. (iii) If Homeowner has received part of the Subsequent Proceeds, but less than the Subsequent DOB Amount, Homeowner shall surrender to HTFC all of the Subsequent Proceeds shall be paid by Participant it has received, within three (3) business days of Homeowner’s receipt of its DOB Notice. Upon Homeowner’s receipt of any further Subsequent Proceeds, Homeowner shall, within three (3) business days, surrender to NCORR and used to reduce HTFC the Award. If the application outstanding balance of the Subsequent DOB Proceeds would reduce the Award to zero, all Subsequent DOB Proceeds and any funds previously paid by the Participant to NCORR shall be returned to the Participant, and this Agreement shall terminateAmount. (civ) If some portion of the Award Homeowner has been expended by NCORR, not yet received any Subsequent Proceeds, Homeowner shall notify HTFC of this fact, within three (3) business days of Homeowner’s receipt of its DOB Proceeds Notice. Thereafter, Homeowner shall be used, retained and/or disbursed in the following order: notify HTFC within three (13) Subsequent DOB Proceeds shall first be paid by Participant to NCORR to reduce the unexpended portion business days of the Award; (2) if the application its receipt of any or all of the Subsequent DOB Proceeds would reduce the unexpended Award to zero, any remaining Subsequent DOB Proceeds shall be applied to expended portion of the Award and retained by NCORR; (3) if the application of the Subsequent DOB Proceeds reduces both the unexpended and the expended portions of the Award to zero, any remaining Subsequent DOB Proceeds shall be returned to the Participant, and this Agreement shall terminate. (d) If NCORR makes the determination that the Participant(s) does not qualify to participate in any of the Housing Recovery Programs or the Participant decides not to participate in the Housing Recovery Programs, the Subsequent DOB Proceeds and any funds previously paid proceed as instructed by the Participant to NCORR that have not been used or obligated by the Program shall be returned to the Participant and this Agreement shall terminateHTFC. iii. Once NCORR has recovered an amount equal to the Award, NCORR will reassign to Participant any rights assigned to NCORR pursuant to this Agreement.

Appears in 1 contract

Samples: Subrogation and Assignment Agreement

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