RES 2010-0806 - Lease property at 5347 N 47th St to tenant household •
•
NF
• /41) a� Planning Department
RECEIVED
..��� Omaha/Douglas Civic Center
12: T 1819 Farnam Street,Suite 1100
y& a, PM "t'�# Omaha,Nebraska G8183
"—`; (402)444-5150
Aop'��p FEea� yro CITY CLERK Telefax(402)444-6140
O M A H A, N E kB R A 's ri A R.E.Cunningham,RA,F.SAME
City of Omaha Director
Jim Suttle,Mayor
July 13, 2010
Honorable President
and Members of the City Council,
Attached is a Resolution waiving the occupancy requirement specified in the loan documents
related to the deferred payment loan executed by Monique M. Cribbs. The terms of the 2006
Deed of Trust securing this loan provided for the partial financing of the acquisition of property
located at 5347 North 47th Avenue, such financing consisting of a HOME funded deferred loan
in the original amount of $25,000.00. This financing was provided through the Homeownership
Program.
Ms. Cribbs has accepted a new job outside of Omaha and will begin in that position on July 1,
2010. She will no-longer be able to abide by the own and occupy requirements of the City
financing documents. In an effort to comply with the loan terms, Ms. Cribbs attempted to sell
• her property, repay the first lienholder, and repay the depreciated balance of the City's deferred
loan in accordance with the terms of Resolution No. 1283 approved on November 10, 2009.
Ms. Cribbs contracted with Deeb Realty to sell her property. In the last six months, the agent
has aggressively marketed the property through the Multiple Listing Service (MLS), posting it on
several websites and in the newspaper, distributing flyers, and holding several well-advertised
open-houses in an attempt to get maximum exposure before the end of the federal tax credit
incentive program. During that period, the price was reduced seven times for a total reduction
of 25%. According to the MLS, homes in the area are selling for only 50% of the list price due to
current market conditions. Any further reduction in the price of Ms. Cribb's home would make it
impossible for her to even satisfy the first mortgage balance. Unable to sell her property, Ms.
Cribbs has made written request to the City to allow her to rent the property, in accordance with
HOME Program rental project regulations, including compliance with rent restrictions and the
affordability period, to a qualified income eligible tenant whose income does not exceed 80% of
the Median Family Income By Family Size as determined by the U.S. Department of Housing
and Urban Development. She would be required to execute an Agreement which specifies the
terms under which the property may be rented including the requirement to submit tenant
occupancy reports annually and the property would be subject to inspection until December 13,
2016. The loan principal would continue to depreciate by five percent (5%) each year until July
21, 2016, with the remaining balance of $12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
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•
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cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
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•
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•
Honorable President
and Members of the City Council
Page 2
This Resolution allows Ms. Cribbs to remain in compliance with the loan terms and provides an
affordable rental unit to an income eligible tenant household. Your favorable consideration of
the Resolution is requested.
Sincerely, Referred to City Council for Consideration:
1231/
(JO a i1.1-1-c- tJaIX t9 /-2 /0
. E. Cunningham, RA, F. SAME41.3 Mayor's Office/Title
,...1A9y Planning Director
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Morgan Holmes
Member of the Board of Directors
•
•
AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal
Corporation (hereinafter referred to as "City") and Monique M. Cribbs, 5347 North 47th Avenue,
Omaha, NE 68104 (hereinafter referred to as "Borrower."). This Agreement accomplishes the
following: 1) it modifies the terms of the loan secured by the Deed of Trust, Construction Security
Agreement and Assignment of Rents and related Promissory Note (hereinafter referred to as "Loan
Documents"; and 2) it adopts all other terms and conditions of the Loan Documents.
RECITALS:
WHEREAS, to secure homebuyer assistance under the HOME Program as partial funding in the
amount of$25,000 for the acquisition of property located a 5347 North 47th Avenue (hereinafter referred
to as "Property"), the Borrower executed the Loan Documents on July 21, 2006, which were
subsequently filed with the Douglas County Register of Deeds on July 21, 2006, as Instrument No.
2006082550; and,
WHEREAS, the terms of the Loan Documents require.the Borrower to own and occupy the
Property as her principal place of residence and prohibit the lease or other transfer of any portion of the
Borrower's interest in the Property without the prior written consent of the City; and,
WHEREAS, on , 2010, by Resolution No: the Omaha City
Council agreed to allow the.Borrower to lease the Property to an eligible tenant household provided the
Borrower complies with the HOME Program regulations regarding rental property; and,
WHEREAS, this Agreement adopts all of the terms and conditions of the Loan Documents to
the extent that said teinns and conditions are not inconsistent with the terms and conditions of this
Agreement; and,
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
HEREIN CONTAINED,THE PARTIES"HERETO AGREE AS FOLLOWS:
Sectionl Income Eligibility. The Borrower shall lease the Property to eligible tenant
households whose income as defined in the City of Omaha Definition of Income
Affidavit (Attachment 1) does not exceed 80% of the Median Family Income By
Family Size (MFI) as determined and updated by the U.S. Department of Housing
and Community Development (Attachment 2).
Section 2 HOME Rent Limits. The Borrower shall not charge rents, including the utility
allowance for tenant paid utilities (Attachment 3), in excess of the High HOME
rents limits (Attachment 4) in effect on the date of the lease agreement for that
eligible household. If after the initial 12 month lease. the Borrower and tenant
agree to a month-to month lease, the utility allowance and HOME rent limits in
effect each month apply.
She would be required to execute an Agreement which specifies the
terms under which the property may be rented including the requirement to submit tenant
occupancy reports annually and the property would be subject to inspection until December 13,
2016. The loan principal would continue to depreciate by five percent (5%) each year until July
21, 2016, with the remaining balance of $12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
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•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
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•
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
•
Section 3 Affordability Period. The Affordability Period is the time period during which
the Borrower must meet the rent restrictions, occupancy requirements, and
property inspection requirements. The Affordability Period under this Agreement
shall be in effect through December 12, 2016.
Section 4 Affirmative Marketing Policy (24 C.F.R.92.351). The Borrower shall comply
with the City's Affirmative Marketing Policy, attached hereto and incorporated
herein by this reference as though fully set forth (Attachment 5). These
affirmative marketing procedures must be employed in` the advertising and
marketing of this unit throughout the Affordability Period.
Section 5 Ongoing Property Restrictions. The Borrower shall:
a) maintain the property in a safe and sanitary condition at all times;
b) ensure that all real estate taxes and special assessments are paid and kept
current;
c) maintain insurance against loss or damage to the Property in an aggregate
amount sufficient to protect the City's interest in the Property. Such property
insurance policy must be properly endorsed showing the City as an additional
insured. Proof of current coverage must be provided to the City annually.
Section 6 Property Standard Inspections. The City may perform periodic inspections at any
reasonable time to ensure compliance with this Agreement and the Loan
Documents.
Section 7 Documentation and Record-Keeping. All Borrower records with respect to any
matters covered in the Agreement and the Loan Documents shall be made
available to the City, its designees or the Federal Government, at any time during
normal business hours, as often as the City deems necessary, to audit, examine,
and make excerpts or transcripts of all relevant data. The Borrower shall maintain
such records and accounts, including property and financial records, as are
deemed necessary by the City for five (5) years after expiration of the
•
Affordability Period. For the purposes of this Agreement, records must be
•retained until December 13, 2021. In addition to property and financial records,
the Borrower shall retain the following records for each household or individual
occupying the Property:
a) name(s) of tenant(s)
b) household income as a percent of MFI as defined in Section 1, income
verification documents used in determining MFI including the City's
Computing Annual Income form (Attachment 6)
c) household size
th-to month lease, the utility allowance and HOME rent limits in
effect each month apply.
She would be required to execute an Agreement which specifies the
terms under which the property may be rented including the requirement to submit tenant
occupancy reports annually and the property would be subject to inspection until December 13,
2016. The loan principal would continue to depreciate by five percent (5%) each year until July
21, 2016, with the remaining balance of $12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
d) gender of head of household member
• e) name and age of each household member
f) race and ethnicity of each household member
g) disability status of any household member
h) copy of annual lease agreement and utility allowances
i) evidence of affirmative marketing efforts
j) citizenship attestation
• Section 8 Records. The Borrower shall provide to the City an initial tenant survey,
asset/income computation form, signed and notarized City of Omaha Definition
of Income Form, copy of the executed lease, copy of the utility allowance
effective on the date of the lease, citizenship attestation form for public benefit,
and race and ethnicity of household members form. Copies of the requisite forms
are attached as Attachments 1, 3, 6, and 7) . These forms are due at the time of
initial lease execution and annually thereafter for each tenant household
throughout the Affordability Period. The Borrower must also submit evidence of .
affirmative marketing efforts undertaken during the calendar year reporting
period. Annual Reports shall be due January 31st and shall include all information
for up to and including the end of the previous calendar year. The City will
•
determine the reporting format throughout the Affordability Period.
Section 9 Non-discrimination. The Borrower shall comply with all federal, state,•and local
• fair housing laws and regulations and not discriminate against applicants or
tenants based upon race, color, religion, sex, national origin, familial status,
marital or handicap status...
•
Section 10 Attestation of Citizenship. To comply with Neb. Rev. Stat. 4-108 through 4-114,
the Borrower agrees to have each adult member of the household applying for
tenancy in a City-assisted housing unit execute a United States Citizenship
Attestation Form For Public Benefit (Attachment 7) verifying the eligibility status
for the purposes of receiving a public benefit.
Sectionl 1 Default Remedies. If, through any cause, the.Borrower shall fail to fulfill in a
timely and proper manner any obligations under this Agreement or the Loan
Documents, the City may upon written notice declare the Borrower in default and
pursue any and all remedies as specified in the Loan Documents.
)
b) household income as a percent of MFI as defined in Section 1, income
verification documents used in determining MFI including the City's
Computing Annual Income form (Attachment 6)
c) household size
th-to month lease, the utility allowance and HOME rent limits in
effect each month apply.
She would be required to execute an Agreement which specifies the
terms under which the property may be rented including the requirement to submit tenant
occupancy reports annually and the property would be subject to inspection until December 13,
2016. The loan principal would continue to depreciate by five percent (5%) each year until July
21, 2016, with the remaining balance of $12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last
written below.
CITY OF OMAHA, a Municipal Corporation
•
James R.Thele, Assistant Planning Director
STATE OF NEBRASKA ) •
) ss.
• COUNTY OF DOUGLAS ) •
On this • day of ,2010,before me the undersigned, a Notary
Public in and for said County, personally came James R.• Thele, Assistant Planning Director, who
executed the above document, and acknowledged the execution thereof to be his voluntary act and deed
as such official and the voluntary act and deed of the City of Omaha, a Municipal Corporation.
In testimony whereof I have hereunto set my hand and affixed by Notary Seal at Omaha in
Douglas County, on the day and date last above written.
NOTARY PUBLIC
My Commission expires
•
BORROWER:
•
Monique M. Cribbs
STATE OF NEBRASKA ) •
) ss.
COUNTY OF DOUGLAS )
On this day of 2010, before me the undersigned. a Notary
Public duly commissioned and qualified in and for said County, personally came Monique R. Cribbs, to
me known to be the person named in and who executed the foregoing instrument, and acknowledged
that she executed the same as her voluntary act and deed for the purposes therein stated therein.
The Borrower shall comply with all federal, state,•and local
• fair housing laws and regulations and not discriminate against applicants or
tenants based upon race, color, religion, sex, national origin, familial status,
marital or handicap status...
•
Section 10 Attestation of Citizenship. To comply with Neb. Rev. Stat. 4-108 through 4-114,
the Borrower agrees to have each adult member of the household applying for
tenancy in a City-assisted housing unit execute a United States Citizenship
Attestation Form For Public Benefit (Attachment 7) verifying the eligibility status
for the purposes of receiving a public benefit.
Sectionl 1 Default Remedies. If, through any cause, the.Borrower shall fail to fulfill in a
timely and proper manner any obligations under this Agreement or the Loan
Documents, the City may upon written notice declare the Borrower in default and
pursue any and all remedies as specified in the Loan Documents.
)
b) household income as a percent of MFI as defined in Section 1, income
verification documents used in determining MFI including the City's
Computing Annual Income form (Attachment 6)
c) household size
th-to month lease, the utility allowance and HOME rent limits in
effect each month apply.
She would be required to execute an Agreement which specifies the
terms under which the property may be rented including the requirement to submit tenant
occupancy reports annually and the property would be subject to inspection until December 13,
2016. The loan principal would continue to depreciate by five percent (5%) each year until July
21, 2016, with the remaining balance of $12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
•
In'testimony whereof I have hereunto set my hand and affixed by Notary Seal at Omaha in
Douglas County, on the day and date last above written.
NOTARY PUBLIC
My Commission expires
APPROVED AS TO FORM:
•
CIT ATTORNEY Date
quested.
Sincerely, Referred to City Council for Consideration:
1231/
(JO a i1.1-1-c- tJaIX t9 /-2 /0
. E. Cunningham, RA, F. SAME41.3 Mayor's Office/Title
,...1A9y Planning Director
Plnlsf1423-cover letter
p CAD "p oA 2 g 0
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•
- 19 -
)/k. / '
Morgan Holmes
Member of the Board of Directors
•
ATTACHMENTS
1. City of Omaha Definition of Income Affidavit
2. Median Family Income Limits
3. Allowance for Tenant-Furnished Utilities and Other Services
4. HOME Program Rents
5. City's Affirmative Marketing Policy
6. Computing Annual Income Form
7. United States Citizenship Attestation Form For Public Benefit
8. Tenant Survey Form
9. Race and Ethnic Data Reporting Form (HUD-2706-H)
. E. Cunningham, RA, F. SAME41.3 Mayor's Office/Title
,...1A9y Planning Director
Plnlsf1423-cover letter
p CAD "p oA 2 g 0
f VD •1 0 r4 1-s O as O d UJ �. 0
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•
- 19 -
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Morgan Holmes
Member of the Board of Directors
•
AFFIDAVIT
Applicant— Income
State of Nebraska )
) §
County of Douglas )
TO: Whom It May Concern:
I, Affiant/s herein, being first duly sworn on
oath, state and certify that I have reported all of my income to the City of Omaha in accordance with the
following Definition of Income:
CITY OF OMAHA - DEFINITION OF INCOME
•
Annual Income Includes:
1. Wages, salaries,tips, commissions, etc.;
2. Self-employment income from owned non-farm business, including proprietorships and partnerships;
3. Farm self-employment income;
4. Interest, dividends, net rental income, or income from estates or trusts
5. Social security or railroad retirement;
6. Supplemental Security Income, Aid to Families with Dependent Children, or other public assistance
or public welfare programs;
7. Retirement, survivor or disability pensions;
8. Any other sources of income received regularly including Veterans' (VA) payments, unemployment
compensation, child support and alimony; and
9. Income from assets, as shown below:
a. amounts in savings certificates,money market funds and other investment accounts.
b. stocks, bonds, savings certificates, money market funds and other investment accounts.
c. equity in real property or other capital investments. Equity is the estimated current market value
of the asset less the unpaid balance on all loans secured by the asset and reasonable costs (such
as broker fees) that would be incurred in selling the asset. Do not include equity in principle
residence(home equity).
d. the cash value of trusts that are available to the household.
e. IRA, Keogh and similar retirement savings accounts, even though withdrawal would result in a
penalty.
f. contributions to company retirement/pension funds that can be withdrawn without retiring or
terminating employment.
g. assets which, although owned by more than one person, allow unrestricted access by the
applicant.
h. lump sum receipts such as inheritances, capital gains, lottery winnings, insurance settlements and
other claims.
i. personal property held as an investment such as gems,jewelry, coin collections, antique cars, etc.
j. cash value of life insurance policies.
k. assets disposed of for less than fair market value during two years preceding certification or re-
•
certification.
10. Actual income from assets if total assets are $5,000 or less.
Revised and approved 11/4/2009
the City's
Computing Annual Income form (Attachment 6)
c) household size
th-to month lease, the utility allowance and HOME rent limits in
effect each month apply.
She would be required to execute an Agreement which specifies the
terms under which the property may be rented including the requirement to submit tenant
occupancy reports annually and the property would be subject to inspection until December 13,
2016. The loan principal would continue to depreciate by five percent (5%) each year until July
21, 2016, with the remaining balance of $12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
l 1. If assets are more than $5,000, the greater of(a) actual income from assets, or (b) total assets times
passbook rate.
Annual Income Does Not Include the Following Assets:
1. necessary personal property, except as noted in 9 (i).
2. interest in Indian trust lands.
3. assets that are a part of an active business or farming operation. NOTE: Rental properties are
considered personal assets held as an investment rather than business assets unless real estate is the
applicant's/tenant's main occupation.
4. assets not accessible to the family and which provide no income for the family.
5. vehicles especially equipped for the handicapped.
6. equity in owner-occupied cooperatives and manufactured homes in which the family lives
7. equity in principle residence(home equity).
I further certify that I am aware of the following: PENALTY FOR FALSE OR FRAUDULENT
STATEMENT, U.S.C. Title 18, Section 1001, provides: "Whoever, in any matter within jurisdiction of
any department or agency of the United States knowingly and willfully falsifies...or makes false,
fictitious or fraudulent statements or representations...(or makes or uses any false writing or document
knowing the same to contain any false, fictitious, or fraudulent statement or entry) shall be fined not
more than $10,000.00 or imprisoned not more than five (5)years, or both".
Signature
Signature
On this day of , , before me, the undersigned, a Notary Public duly
commissioned and qualified in and for said county, personally came , to me known to be the
person(s) named in and who executed the foregoing instrument, and acknowledged that he executed the
same as his voluntary act and deed for the purposes therein stated.
Witness my hand and notarial seal the day and year last above written.
Notary Public
My Commission expires
Revised and approved 11 5 2009
assets which, although owned by more than one person, allow unrestricted access by the
applicant.
h. lump sum receipts such as inheritances, capital gains, lottery winnings, insurance settlements and
other claims.
i. personal property held as an investment such as gems,jewelry, coin collections, antique cars, etc.
j. cash value of life insurance policies.
k. assets disposed of for less than fair market value during two years preceding certification or re-
•
certification.
10. Actual income from assets if total assets are $5,000 or less.
Revised and approved 11/4/2009
the City's
Computing Annual Income form (Attachment 6)
c) household size
th-to month lease, the utility allowance and HOME rent limits in
effect each month apply.
She would be required to execute an Agreement which specifies the
terms under which the property may be rented including the requirement to submit tenant
occupancy reports annually and the property would be subject to inspection until December 13,
2016. The loan principal would continue to depreciate by five percent (5%) each year until July
21, 2016, with the remaining balance of $12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
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ntil July
21, 2016, with the remaining balance of $12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
11/02/2009 09: 09 4024447543 LILY. PAGE 02/03
CUv1Lt Approval No 2$%rr-0f69
U.S.Department of-Housing
Allowance for and.Urban Development
Office.of Public and Indian.Housing
Tenant-Furnished UtilitiesEffective 10/1/2009 - Annuals
Alit} OtherServices •
08/01/2009 Initials/Transfers
. L . I
ion!!TYVi SingiE Family/Duplex
�i,catlry Omaha Nousing Authority ,.....—..
_ -- - ArlonthlY_noll9f Allowan.cG -.-- - _---- -5
,R BR
Uliiity nr Service - .—B ."' _ -3 BR 4 BR
0 BR or_... 1 g� .. 7,,BP.,— - 108 fi5 93 —
Heating �. Natural ras L ,-- —• - . 82 7h g4 97
•
49 59
b. Electric 36 •--"'' — 192 223
--._. £33- 113
•
c. Bottle. - 180 203 236
- 119 143
a •
Natural Gas 5 .7 135
Cooking — - " 10 12
r 6' a
b, Electric. 5 • . . --— 28 3D •
-- - 18 23
11 y4• — 34
c. Bottle Gas_ - 33 �}1
_.- 2D 26 —. ...-
15 19
Other electricity —. . 111 14 17 -
7 a __-14 - - 19
Air Conditioning . , 11 14 17
Water Heating a Natural Ge7 -13 16 17
8 32
0 22
b, Electric 23 296 �. '
`17 —
c, Bolile Gas 14 34 37
_•_..-- 13 ,17 22
d, 06 1 .. — 24
14 16 18 22 ,
Water - 12 `. 16 18 20 21
Sewer 1^3 — 14 —.
Trash Collection 4 '1 •
r .
3 - ��— — d I 6
--
Range/Microwave _...- .-_- 4 4
Other
, 4 "' —. — -
Other-specify - -•_.. — Uijliiy or Service per month cost .
Actual Family Allowances To be used by the family to computo allowance. • e. A - -. v -
- Ce.atiag__
Cnmptoto balcw for achral unit rented. — . -
0..lher_ElEGtdc.
tlamc of Family -- •it ronditicnicui -
_ -- -
Address of Unlf .Water l teattOq-_-— —
Water
. 5ai�er_----I
-( .It C.nllectiott 1 --
. aaga1Mliccow_ave.i. --•---
_ Refriger�tar -
Dumber of Bedroom!, Wier, 1
• Total IS
fom}HUD-926G7(12197}
ref HUD
-82 67 741971
r>HAPPY ysollw re.Inc 20,8
nw�,hePPY¢othy rrc,com .
J
$12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
AA // i
City of Omaha Planning Department -
Housing and Community Development Division
2010 HOME Program Rents •
Omaha,NE—IA MSA
(Effective June 26,2010)
HUD HOME Number of Bedrooms_
Program Limits Efficiency 1 2 3 4 5 6
Low HOME Rent Limit $540 . $614 $766 $914 $1020 $1125 $1230
(effective 6/26/10
High HOME Rent Limit $540 $614 $766 $1023• $1053 $1211 $1369
(effective 6/26/10)
FOR INFORMATION ONLY
Fair Market Rent
(effective 10/1/09) $540 $614 $766 $1023 $1053 $1211 $1369
50% Rent Limit $616 $660 $791 $914 $1020 $1125 $1230
(effective 10/1/09)
65%Rent Limit $780 $838 $1007 $1155 $1269 $1381 $1494
(effective 10/1/09)
NOTE: HOME Program Rent Limits and Fair Market Rents (FMR) include utilities. Attached are the
utility allowances for HOME Rents and Fair Market Rents. Deduct utility allowance from the
rents to determine maximum rents to be paid by tenants who pay their own utilities. Tenant
rents must not be adjusted until their leases are renewed. If on a month-to-month lease,
please indicate MTM after the Recertification Lease Date on Tenant Survey Form)
•
Revised and approved 6/1/10
2010 Rents
—. ...-
15 19
Other electricity —. . 111 14 17 -
7 a __-14 - - 19
Air Conditioning . , 11 14 17
Water Heating a Natural Ge7 -13 16 17
8 32
0 22
b, Electric 23 296 �. '
`17 —
c, Bolile Gas 14 34 37
_•_..-- 13 ,17 22
d, 06 1 .. — 24
14 16 18 22 ,
Water - 12 `. 16 18 20 21
Sewer 1^3 — 14 —.
Trash Collection 4 '1 •
r .
3 - ��— — d I 6
--
Range/Microwave _...- .-_- 4 4
Other
, 4 "' —. — -
Other-specify - -•_.. — Uijliiy or Service per month cost .
Actual Family Allowances To be used by the family to computo allowance. • e. A - -. v -
- Ce.atiag__
Cnmptoto balcw for achral unit rented. — . -
0..lher_ElEGtdc.
tlamc of Family -- •it ronditicnicui -
_ -- -
Address of Unlf .Water l teattOq-_-— —
Water
. 5ai�er_----I
-( .It C.nllectiott 1 --
. aaga1Mliccow_ave.i. --•---
_ Refriger�tar -
Dumber of Bedroom!, Wier, 1
• Total IS
fom}HUD-926G7(12197}
ref HUD
-82 67 741971
r>HAPPY ysollw re.Inc 20,8
nw�,hePPY¢othy rrc,com .
J
$12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
A- S
CITY OF OMAHA
AFFIRMATIVE MARKETING POLICY
AND MONITORING PROCEDURES
Effective: October 1, 1999
Revised: May 1,2008
Affirmative Marketing Policy
In furtherance of the City of Omaha's commitment to non-discrimination and equal opportunity
in housing, the City of Omaha establishes procedures to affirmatively market units constructed or
rehabilitated under any City-assisted program or project. These procedures are intended to
further the objectives of Title VIII of the Civil Rights Act of 1968 and Executive Order 11063.
It is the affirmative marketing goal of the City of Omaha to assure that individuals who normally
might not apply for vacant rehabilitated or constructed units because of their race or ethnicity:
• know about the vacancies
• feel welcome to apply
• have the opportunity to rent or purchase the units
This policy will be carried out through the following procedures:
1. Informing the public, potential tenants and owners about federal fair housing laws and
affirmative marketing policies
• The City of Omaha will inform the public, potential tenants, purchasers and owners
about its affirmative marketing policy, Title VIII and Executive Order 11063.
• The City will place public notices in the Omaha World Herald and the North
Omaha Star to inform owners of the program.
• City representatives will meet with property owners and assist them in preparing
program applications as requested and necessary.
• Owners selected for a rehabilitation program shall notify in-place tenants in writing
of their involvement in the program and provide them with the following options:
1. Remain in the present unit during rehabilitation.
2. Move temporarily to another unit within the project while his/her unit is being
rehabilitated.
3. Permanently relocate or voluntarily abandon the unit during the rehabilitation.
• Owners shall post the HUD Equal Housing Opportunity Logo in the project
building and display the Fair Housing Poster in their rental office.
1 Revised 5/1/08
EQUAL HOUSING
OF-PORT UNITY
wances To be used by the family to computo allowance. • e. A - -. v -
- Ce.atiag__
Cnmptoto balcw for achral unit rented. — . -
0..lher_ElEGtdc.
tlamc of Family -- •it ronditicnicui -
_ -- -
Address of Unlf .Water l teattOq-_-— —
Water
. 5ai�er_----I
-( .It C.nllectiott 1 --
. aaga1Mliccow_ave.i. --•---
_ Refriger�tar -
Dumber of Bedroom!, Wier, 1
• Total IS
fom}HUD-926G7(12197}
ref HUD
-82 67 741971
r>HAPPY ysollw re.Inc 20,8
nw�,hePPY¢othy rrc,com .
J
$12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
• Owners shall use media accessible to minorities when advertising the availability
of units.
• Owners shall use the Equal Housing Opportunity logo, slogan or statement in all
advertising:
• Owners shall maintain a non-discriminatory hiring policy.
• Owners shall adopt a fair housing policy.
2. Informing low- and moderate-income persons about available units
Property Owners having vacant units may call the Omaha Housing Authority (OHA) at
444-6900 and place units on OHA's "Available Unit" list. This list is distributed to
families who have received Certificates of Family Participation and are looking for units
to rent. The listing will remain on the "Available" list for 35 calendar days, then be
removed. If still vacant, the property may be relisted.
If the property is not listed with OHA when rehabilitated or constructed units are
available for initial occupancy, the owner shall inform the following outreach agencies
and/or other agencies of this fact in writing and submit a copy of the letters to the City of
Omaha, Planning Department, Housing and Community Development Division, Loan
Section, 1819 Farnam Street, Room 1111, Omaha,Nebraska, 68183.
Chicano Awareness Center, Inc. Urban League of Nebraska
4821 South 24th Street 3022 North 24th Street
Omaha,NE 68107 Omaha, NE 68111
Family Housing Advisory Services Community Alliance
2401 Lake Street 4001 Leavenworth Street
Omaha, NE 68111 Omaha,NE 68105
Eastern Nebraska Human Services Heartland Family Service
900 South 74t1'Plaza, Suite 200 2101 South 42nd Street
Omaha, NE 68114 Omaha,NE 68105
Greater Omaha Community Action Heartland Family Service
2406 Fowler Avenue 6720 North 30th Street
Omaha,NE 68111 Omaha,NE 68112
Greater Omaha Community Action Heartland Family Service
5002 South 24th Street, Suite 203 2580 South 90th Street
Omaha,NE 68111 Omaha,NE 68124
League of Human Dignity Heartland Family Service
5513 Center Street 11212 Davenport Street
Omaha,NE 68106 Omaha,NE 68154
Heartland Family Service Nebraska Commission for the Deaf
116 E. Mission Avenue 1313 Farnam on the Mall
Bellevue,NE 68005 Omaha,NE 68102
2 Revised 5/1/08 '
e. A - -. v -
- Ce.atiag__
Cnmptoto balcw for achral unit rented. — . -
0..lher_ElEGtdc.
tlamc of Family -- •it ronditicnicui -
_ -- -
Address of Unlf .Water l teattOq-_-— —
Water
. 5ai�er_----I
-( .It C.nllectiott 1 --
. aaga1Mliccow_ave.i. --•---
_ Refriger�tar -
Dumber of Bedroom!, Wier, 1
• Total IS
fom}HUD-926G7(12197}
ref HUD
-82 67 741971
r>HAPPY ysollw re.Inc 20,8
nw�,hePPY¢othy rrc,com .
J
$12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
•
Heartland Family Service Omaha Association for the Blind
302 American Parkway 1024 South 32"d Street
Papillion,NE 68046 Omaha,NE 68105
Holy Name Housing Corporation Great Plains Chapter
3014 North 45t Street Paralyzed Veterans of America
Omaha,NE 68104 7612 Maple Street
Omaha,NE 68134
Mayor's Commission for Citizens
with Disabilities
1819 Farnam Street, Room 304
Omaha,NE 68183
3. Record Keeping
The Owner shall keep records of the following:
• Local media advertisements of the vacant unit
• Contact dates with outreach agencies and Omaha Housing Authority
• Correspondence informing outreach agencies of vacancies
• Race and other demographic data of occupants and persons inquiring about
availability of units
• Tenant Survey, utility allowance and income determination forms signed and dated
by Owner
• Name and age of all household members
• Verified income for each household
• Copy of lease
4. Assessment of Actions
The Owner's affirmative marketing efforts will be assessed by the City to:
• determine whether Owners have affirmatively marketed vacant units to individuals
who normally might not apply; and,
• determine whether a sufficient number of racial and ethnic families have applied for
vacant units
The City will take corrective action if it is found that property owners are not carrying out
established procedures of the City's Affirmative Marketing Policy and Monitoring Procedures.
3 Revised 5/1/08
EQUAL HOUSING
OPP ORT UN I T'i
aha Community Action Heartland Family Service
2406 Fowler Avenue 6720 North 30th Street
Omaha,NE 68111 Omaha,NE 68112
Greater Omaha Community Action Heartland Family Service
5002 South 24th Street, Suite 203 2580 South 90th Street
Omaha,NE 68111 Omaha,NE 68124
League of Human Dignity Heartland Family Service
5513 Center Street 11212 Davenport Street
Omaha,NE 68106 Omaha,NE 68154
Heartland Family Service Nebraska Commission for the Deaf
116 E. Mission Avenue 1313 Farnam on the Mall
Bellevue,NE 68005 Omaha,NE 68102
2 Revised 5/1/08 '
e. A - -. v -
- Ce.atiag__
Cnmptoto balcw for achral unit rented. — . -
0..lher_ElEGtdc.
tlamc of Family -- •it ronditicnicui -
_ -- -
Address of Unlf .Water l teattOq-_-— —
Water
. 5ai�er_----I
-( .It C.nllectiott 1 --
. aaga1Mliccow_ave.i. --•---
_ Refriger�tar -
Dumber of Bedroom!, Wier, 1
• Total IS
fom}HUD-926G7(12197}
ref HUD
-82 67 741971
r>HAPPY ysollw re.Inc 20,8
nw�,hePPY¢othy rrc,com .
J
$12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
Affirmative Marketing Policy Monitoring Procedures
1. Duties and Responsibilities of the Owner
a) The Owner shall post the HUD Equal Housing Opportunity Logo in the project
building and in the rental or sales office.
b) The Owner shall submit to the City a copy of all letters notifying the outreach
agencies of vacancies. Outreach agencies may include, but are not limited to, the
agencies listed in Item 2, Page 2.
c) The Owner shall submit to the City a copy of all advertisements placed in the local
newspapers. All advertisements must include the Equal Housing Opportunity
Logo, Slogan or Statement.
d) The. Owner shall submit to the City a Demographics for Applicant, attached as
Exhibit 1, which includes the name, racial/ethnic characteristics, income and family
size for each person responding to the advertisement.
e) The Owner shall meet with each in-place tenants of the occupied vacant units and
complete a Tenant Survey, utility allowance and computing annual income form. A
copy of each form is attached and marked Exhibit 2.
f) The Owner shall submit to the City the original Tenant Survey, utility allowance,
income determination form (signed and dated by Owner) and a copy of the lease
agreement and retain a copy for proper record keeping. Forms must be updated on
lease anniversary date and submitted to the City.
g) The Owner shall provide each in-place tenant in the project with a copy of the City
of Omaha's written Tenant Assistance Policy (TAP) and shall advise said tenant(s)
of the impact of the project on him or her. The Owner shall provide the TAP to the
tenant immediately after submission of the Owner's application for participation in
the City's program.
h) After completion of the project, the Owner shall submit a Tenant Survey, utility
allowance and income determination form (signed and dated by Owner) for each
occupied unit and a copy of the lease agreement.
i) Owner shall insure that the rents, including utilities and Median Family Income, are
consistent with the terms and conditions in the approved Agreement between the
Owner and the City of Omaha
4 Revised 5/1/08
EQUAL HOUSING
OPPORTUNITY
v -
- Ce.atiag__
Cnmptoto balcw for achral unit rented. — . -
0..lher_ElEGtdc.
tlamc of Family -- •it ronditicnicui -
_ -- -
Address of Unlf .Water l teattOq-_-— —
Water
. 5ai�er_----I
-( .It C.nllectiott 1 --
. aaga1Mliccow_ave.i. --•---
_ Refriger�tar -
Dumber of Bedroom!, Wier, 1
• Total IS
fom}HUD-926G7(12197}
ref HUD
-82 67 741971
r>HAPPY ysollw re.Inc 20,8
nw�,hePPY¢othy rrc,com .
J
$12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
2. Duties and Responsibilities of the City
a) The City shall assess the affirmative marketing procedures to determine whether the
Owner has affirmatively marketed the vacant units by monitoring the Owner's
performance in carrying out the Duties and Responsibilities of the Owner as
outlined in Section 1.
b) The City shall assess the affirmative marketing efforts of the Owner to determine
whether a sufficient number of racial and ethnic families have applied for vacant
units. This determination will be made by reviewing the information provided on
the Demographics Form for Applicant and Tenant Survey Form to determine the
proportion of racial/gender participation versus overall participation.
c) The City shall take the following corrective action if it is found that the Owner is
not carrying out established procedures of affirmatively marketing units:
• Notify the Owner in writing of any violations of the Owner's Duties and
Responsibilities.
• The Owner will be given thirty(30) days upon receipt of written notification to
provide evidence of compliance. Upon the Owner's request, the City will
provide technical assistance.
• If the Owner fails to comply with the Affirmative Marketing Policy and
Monitoring Procedures,the City may declare the loan/grant in default.
5 Revised 5/1/08
EQUAL HOUSING
OPPORTUNITY
g) The Owner shall provide each in-place tenant in the project with a copy of the City
of Omaha's written Tenant Assistance Policy (TAP) and shall advise said tenant(s)
of the impact of the project on him or her. The Owner shall provide the TAP to the
tenant immediately after submission of the Owner's application for participation in
the City's program.
h) After completion of the project, the Owner shall submit a Tenant Survey, utility
allowance and income determination form (signed and dated by Owner) for each
occupied unit and a copy of the lease agreement.
i) Owner shall insure that the rents, including utilities and Median Family Income, are
consistent with the terms and conditions in the approved Agreement between the
Owner and the City of Omaha
4 Revised 5/1/08
EQUAL HOUSING
OPPORTUNITY
v -
- Ce.atiag__
Cnmptoto balcw for achral unit rented. — . -
0..lher_ElEGtdc.
tlamc of Family -- •it ronditicnicui -
_ -- -
Address of Unlf .Water l teattOq-_-— —
Water
. 5ai�er_----I
-( .It C.nllectiott 1 --
. aaga1Mliccow_ave.i. --•---
_ Refriger�tar -
Dumber of Bedroom!, Wier, 1
• Total IS
fom}HUD-926G7(12197}
ref HUD
-82 67 741971
r>HAPPY ysollw re.Inc 20,8
nw�,hePPY¢othy rrc,com .
J
$12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
EXHIBIT 1
CITY OF OMAHA
DEMOGRAPHICS FORM FOR APPLICANTS
Loan No. Date No. of Vacant Units
Owner Project Address
Person Completing Person's Phone No.
This Report Home: Work
Race/Ethnicity
Family Monthly Of Head of
Applicant Size Income Household
$
NOTE: This form is a list of everyone who inquired about renting or purchasing the unit(s).
11211
ECAAL HOUSING OPPORTUNITY Revised 5/1/08
"p oA 2 g 0
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•
- 19 -
)/k. / '
Morgan Holmes
Member of the Board of Directors
•
AFFIRMATIVE MARKETING POLICY PLAN
The Undersigned does/do hereby agree to comply with all terms and conditions of and adopt
the City of Omaha's Affirmative Marketing Policy (attached hereto and incorporated herein by
this reference as though fully set forth) for the Project located at
as approved by on
Date:
Name of Business or Corporation:
(if applicable)
By:
Signature
Printed Name:
•
•
EQUAL HOUSING
OPPORTUNITY
1-18-08
OPPORTUNITY Revised 5/1/08
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•
- 19 -
)/k. / '
Morgan Holmes
Member of the Board of Directors
•
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• Total IS
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ref HUD
-82 67 741971
r>HAPPY ysollw re.Inc 20,8
nw�,hePPY¢othy rrc,com .
J
$12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
cliviL4ekti" 7
UNITED STATES CITIZENSHIP ATTESTATION FORM FOR PUBLIC BENEFIT
For the purposes of complying with Neb. Rev. Stat. §_§ 4-108 through 4-114, I attest as follows:
I I I am a citizen of the United States.
OR
n I am a qualified alien under the Federal Immigration and Nationality Act. My
immigration status and alien number as follows:
, and I agree to provide
a copy of my USCIS (United States Citizenship and Immigration Services)
documentation upon request.
I hereby attest that my response and the information provided on this form and any related
application for public benefits are true, complete and accurate and I understand that this
information may be used to verify my lawful presence in the United States.
PRINT NAME:
By:
SIGNATURE:
DATE:
Created and approved 10/26/2009
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v -
- Ce.atiag__
Cnmptoto balcw for achral unit rented. — . -
0..lher_ElEGtdc.
tlamc of Family -- •it ronditicnicui -
_ -- -
Address of Unlf .Water l teattOq-_-— —
Water
. 5ai�er_----I
-( .It C.nllectiott 1 --
. aaga1Mliccow_ave.i. --•---
_ Refriger�tar -
Dumber of Bedroom!, Wier, 1
• Total IS
fom}HUD-926G7(12197}
ref HUD
-82 67 741971
r>HAPPY ysollw re.Inc 20,8
nw�,hePPY¢othy rrc,com .
J
$12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
A`-4-4„. 6sL Zia.F.
PLEASE COMPLETE THE ENTIRE FORM.
Choose Funding Program: (Circle all applicable) CDBG HOME ESG SHP Other
CITY OF OMAHA-TENANT SURVEY FORM
200
A. GENERAL INFORMATION
Tenant Name(s) Telephone
Address Apt. No.
Initial Date of Lease Recertification Lease Date
DEMOGRAPHICS & ANTICIPATED INCOME OF ALL HOUSEHOLD MEMBERS
Head of Household is: Male❑ Female ❑ Elderly❑
Number of Occupants: Total No. Adults No. Children Under 18
Please enter ethnicity and race for each household member in accordance with the attached definitions.
Ethnicity—Choose either H or NH. Enter H for Hispanic or Latino. Enter NH for Not Hispanic or Latino.
Race Categories—Choose all that apply for each household member. Enter one or more of the following
abbreviations: W,B, A,AI,PI, O.
White(W); Black or African American(B); Asian(A);American Indian or Alaska Native(AI);
Native Hawaiian or Other Pacific Islander(PI)
Other(0) (Please specify)
Anticipated Anticipated
Name of Household Member (H or NH) (See Above) Monthly Annual
Age Ethnicity Race Handicap Income Income
$ $
$ $
$ $
$ $
TOTAL $ $
100%MEDIAN FAMILY INCOME(MFI)FOR HH SIZE $
%OF MFI FOR HH SIZE
B. HOUSING CHARACTERISTICS
Housing Costs HUD Rent Limits
Monthly Housing Cost:
Actual Contract Rent $
Average Monthly Utility Cost $
Total Monthly Housing Cost $ $
Subsidized Rent Assistance Received (Please list source and amount): Section 8: $
Other Assistance: Source Amount $ No Assistance
Unit Type: Efficiency❑ 1BR❑ 2 BR❑ 3 BR❑ Other❑
Handicap Accessible Unit: Yes ❑ No ❑ Check one: 50%Unit❑ 60%Unit❑ 80%Unit❑
C. TENANTS IN-PLACE AT TIME OF LOAN CLOSING -Non-disclosure Form Required
D. REMARKS:
Owner or Authorized Representative Phone Date
Please attach utility allowance determination form, City of Omaha Computing Annual Income Form and
current lease agreement with each Tenant Survey.
ERUX FOUtING
Orren r U HIT?
Revised 5/1/08
Page 1 of 2
- Ce.atiag__
Cnmptoto balcw for achral unit rented. — . -
0..lher_ElEGtdc.
tlamc of Family -- •it ronditicnicui -
_ -- -
Address of Unlf .Water l teattOq-_-— —
Water
. 5ai�er_----I
-( .It C.nllectiott 1 --
. aaga1Mliccow_ave.i. --•---
_ Refriger�tar -
Dumber of Bedroom!, Wier, 1
• Total IS
fom}HUD-926G7(12197}
ref HUD
-82 67 741971
r>HAPPY ysollw re.Inc 20,8
nw�,hePPY¢othy rrc,com .
J
$12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
DEFINITIONS:
1. American Indian or Alaska Native. A person having origins in any of the original peoples of North and
South America(including Central America), and who maintains tribal affiliation or community attachment.
2. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian
subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the
Philippine Islands, Thailand and Vietnam.
3. Black or African American. A person having origins in any of the black racial groups of Africa. Terms
such as "Haitian" or"Negro" can be used in addition to "Black" or"African American".
4. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of
Hawaii, Guam, Samoa or other Pacific Islands.
5. White. A person having origins in any of the original peoples of Europe,the Middle East or North Africa.
•
Revised 5/1/08
Page 2 of 2
der(PI)
Other(0) (Please specify)
Anticipated Anticipated
Name of Household Member (H or NH) (See Above) Monthly Annual
Age Ethnicity Race Handicap Income Income
$ $
$ $
$ $
$ $
TOTAL $ $
100%MEDIAN FAMILY INCOME(MFI)FOR HH SIZE $
%OF MFI FOR HH SIZE
B. HOUSING CHARACTERISTICS
Housing Costs HUD Rent Limits
Monthly Housing Cost:
Actual Contract Rent $
Average Monthly Utility Cost $
Total Monthly Housing Cost $ $
Subsidized Rent Assistance Received (Please list source and amount): Section 8: $
Other Assistance: Source Amount $ No Assistance
Unit Type: Efficiency❑ 1BR❑ 2 BR❑ 3 BR❑ Other❑
Handicap Accessible Unit: Yes ❑ No ❑ Check one: 50%Unit❑ 60%Unit❑ 80%Unit❑
C. TENANTS IN-PLACE AT TIME OF LOAN CLOSING -Non-disclosure Form Required
D. REMARKS:
Owner or Authorized Representative Phone Date
Please attach utility allowance determination form, City of Omaha Computing Annual Income Form and
current lease agreement with each Tenant Survey.
ERUX FOUtING
Orren r U HIT?
Revised 5/1/08
Page 1 of 2
- Ce.atiag__
Cnmptoto balcw for achral unit rented. — . -
0..lher_ElEGtdc.
tlamc of Family -- •it ronditicnicui -
_ -- -
Address of Unlf .Water l teattOq-_-— —
Water
. 5ai�er_----I
-( .It C.nllectiott 1 --
. aaga1Mliccow_ave.i. --•---
_ Refriger�tar -
Dumber of Bedroom!, Wier, 1
• Total IS
fom}HUD-926G7(12197}
ref HUD
-82 67 741971
r>HAPPY ysollw re.Inc 20,8
nw�,hePPY¢othy rrc,com .
J
$12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
a
I- ".-.6.S.f I
Race and Ethnic Data U.S. Department of Housing OMB Approval No.2502-0204
•
Reporting Form and Urban Development (exp. 03/31/2011)
•
•
Office of Housing
Name of Property Project No. Address of Property
Name of Owner/Managing Agent Type of Assistance or Program Tit
le
e
Name of Head of Household Name of Household Member
Date(mm/dd/yyyy):
Select •
Ethnic.Categories One
Hispanic or Latino ❑
Not-Hispanic or Latino ❑
Select
Racial Categories* • all that Apply
American Indian or Alaska Native ❑
Asian ❑
Black or African American ❑
Native Hawaiian or Other Pacific Islander ❑
White ❑
Other •
❑
*Definitions of these categories may be found on the reverse side.
There is no penalty for persons who do not complete the form.
•
•
Signature Date
Public reporting burden for this collection is estimated to average 10 minutes per response, including the time for reviewing instructions,
•
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This
information is required to obtain benefits and voluntary. HUD may not collect this information,and you are not required to complete this form,
unless it displays a currently valid OMB control number.
This information is authorized by the U.S.Housing Act of 1937,as amended,the Housing and Urban Rural Recovery Act of 1983 and Housing
and Community Development Technical Amendments of 1984. This information is needed to be in compliance with OMB-mandated changes to
Ethnicity and Race categories for recording the 50059 Data Requirements to HUD. Owners/agents must offer the opportunity to the head and co-
head of each household to"self certify"during the application interview or lease signing. In-place tenants must complete the format as part of
their next interim or annual re-certification. This process will allow the owner/agent to collect the needed information on all members of the
household. Completed documents should be stapled together for each household and placed in the household's file. Parents or guardians are to
complete the self-certification for children under the age of 18. Once system development funds are provided and the appropriate system
upgrades have been implemented,owners/agents will be required to report the race and ethnicity data electronically to the TRACS(Tenant Rental
Assistance Certification System). This information is considered non-sensitive and does not require any special protection.
approved 10/19/09 1 form HUD-2706-H(9/2003)
20,8
nw�,hePPY¢othy rrc,com .
J
$12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
http://ww*.whitehouse.gov/omb/rewrite/circulars/a1 1 0/al 1 0.html 8/31/2009
nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/31/2009
cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.h.tml 8/31/20.09
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
Instructions for the Race and Ethnic Data Reporting (Form HUD-27061-H)
A. General Instructions:
This form is to be completed by individuals wishing to be served (applicants) and those that
are currently served (tenants) in housing assisted by the Department of Housing and Urban
Development.
Owner and agents are required to offer the applicant/tenant the option to complete the form.
The form is to be completed at initial application or at lease signing. In-place tenants must
also be offered the opportunity to complete the form as part of the next interim or annual
recertification. Once the form is completed, it need not be completed again unless the head
of household or household composition changes. There is no penalty for persons who do
not complete the form. However, the owner or agent may place a note in the tenant file
stating the applicant/tenant refused to complete the form. Parents or guardians are to
complete the form for children under the age of 18.
The Office of Housing has been given permission to use this form for gathering race and
ethnic data in assisted housing programs. Completed documents for the entire household
should be stapled together and placed in the household's file.
•
1. The two ethnic categories you should from are defined below. You should check one of
the two categories.
1. Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central
American or other Spanish culture or origin, regardless of race. The term of"Spanish
origin" can be used in addition to "Hispanic" or"Latino".
2. Not Hispanic or Latino. A person not of Cuban, Mexican, Puerto Rican, South or
Central American, or other Spanish culture or origin, regardless of race.
2. The five racial categories to choose from are defined below: You should check as many as
apply to you.
1. American Indian or Alaska Native. A person having origins in any of the original
peoples of North and South America (including Central America), and who maintains
tribal affiliation or community attachment.
2. Asian. A person having origins in any of the original peoples of the Far East,
Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China,
India, Japan, Korea, Malaysia, Pakistan,the Philippine Islands, Thailand and Vietnam.
3. Black or African American. A person having origins in any of the black racial groups
of Africa. Terms such as "Hatian" or "Negro" can be used in addition to "Black" or
"African American".
4. Native Hawaiian or Other Pacific Islander. A person having origins in any of the
original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
5. White. A person having origins in any of the original peoples of Europe, the Middle
East or North Africa.
approved 10/19/09 2 form HUD-2706-H(9/2003)
Assistance Certification System). This information is considered non-sensitive and does not require any special protection.
approved 10/19/09 1 form HUD-2706-H(9/2003)
20,8
nw�,hePPY¢othy rrc,com .
J
$12,500.00 due and payable upon sale or transfer of
interest by Ms. Cribbs.
g agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333) -Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2•times the basic rate
of Day for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is annlicahle to
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/al 1 0.html 8/3 1/2009
on of the award. •
•
•
•
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•
•
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cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
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•
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Name of Business or Corporation:
(if applicable)
By:
Signature
Printed Name:
•
•
EQUAL HOUSING
OPPORTUNITY
1-18-08
OPPORTUNITY Revised 5/1/08
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Morgan Holmes
Member of the Board of Directors
•
•
•
•
•
DEED OF TRUST, CONSTRUCTION SECURITY AGREEMENT
AND ASSIGNMENT OF RENTS
•
THIS CONSTRUCTION SECURITY AGREEMENT (HEREINAFTER MAY BE REFERRED TO AS
SECURITY AGREEMENT) SECURES AN OBLIGATION, WHICH THE DEBTOR INCURRED FOR
THE PURPOSES OF MAKING IMPROVEMENTS ON THE REAL PROPERTY DESCRIBED
BELOW.
•
THIS DEED OF TRUST,CONSTRUCTION SECURITY AGREEMENT AND ASSIGNMENT OF RENTS made this 215` day of July,2006
among Monique M.Cribbs,a single person,5347 North 47`h Avenue,Omaha,NE,68104,
•
as Trustor; •
Jackie Barfield,Attorney-at-Law,P.O. Box 11570,Omaha,Nebraska,68110, •
as Trustee;and,
•
•
City of Omaha,a Municipal Corporation, 1819 Farnam Street,Omaha,Nebraska,68183,
as Beneficiary:
• WITNESSETH:
That Trustor irrevocably grants,transfers and assigns to Trustee in trust,with power of sale,the following described Real Estate:
•
Lot 25, Block 4, Alscher Homes, an addition to the City of Omaha, as surveyed,platted and recorded in Douglas County, Nebraska
(commonly known as 5347 North 47`h Avenue)
together with all interest which Trustor now has or may hereafter acquire in and to said Real Estate and in and to: (a)all easements and rights of way
appurtenant thereto and all of the estate, right, title, interest,claim and demand whatsoever of Trustor in the Real Estate, either at law or in equity,
now or hereafter acquired:(b)all structures,buildings and improvements of every kind and description now or at any time hereafter located or placed
on the Real Estate(the"Improvements");(c)all machinery,appliances, apparatus,equipment and fixtures now or hereafter located in,upon or under
the Real Estate or the Improvements, or any part thereof, and used or usable in connection with any present or future operation thereof, and all
additions thereto and replacements therefore;(d)all articles of personal property and any additions to,substitutions for,changes in or replacements of
the whole or any part thereof, including,without limitation, all furniture and furnishings,now or at any time hereafter affixed to,attached to,placed
upon or used in any way in connection with the use, enjoyment, occupancy or operatiod of the Real Estate or the Improvements, or any portion
thereof,and owned by the Trustor or in which Trustor now has or hereafter acquires an interest;(3)all of the rents,royalties,issues and profits of the
Real Estate and the Improvements, or arising from the use or enjoyment of all or any portion thereof or from any lease, license, concession,
occupancy agreement or other agreement pertaining thereto (the "Rents and Profits"), and all right, title and interest of Trustor in and to all leases,
licenses and occupancy agreements of the Real Estate or of the Improvements now or hereafter entered into and all right,title and interest of Trustor
thereunder,including without limitation,cash or securities deposited thereunder to secure performance by tenants, lessees or licensees,as applicable,
of their obligations thereunder; (f) all building materials and supplies now or hereafter placed on the Real Estate or in the Improvements; (g) all
proceeds of the conversion,voluntary or involuntary,of any of the foregoing into cash or liquidated claims,including,without limitation,proceeds of
insurance and condemnation awards;and(h)all other or greater rights and interests of every nature in the Real Estate and the Improvements and in
the possession or use thereof and income therefrom,whether now owned or subsequently acquired by Trustor. The property so conveyed hereunder
is hereinafter referred to as"such property".
ing return to:
Omaha
fil Planning Department
Attn: Bridget Hadley
1819 Farnam Street,.Suite 1111
•
Omaha, NE 68183 •
• Page 1 of6 Revised 1/31/06
I 17 ai \
ion 107 of the Act is annlicahle to
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on of the award. •
•
•
•
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nnort,,fi irnichorl hat Oho GoAorol (2n,ornrnont,A,hnco rncf,uoc rh ornorl in �.nrn tort
•
•
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cations and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
SUBPART C - Post-Award Requirements
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/31/2009
ee paragraph 15).
28. Materials and supplies costs. •
a. Costs incurred for materials. suoolies. and fabricated narts necessary to carry out a Federal award are
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
mprovements and equipment related space
(e.g., individual rooms, and laboratories).used jointly by more than one function (as determined by the
:._.._� _L LIB_ _��.._\ _l._11 L_ ♦_��L_ J __ L_il�...,, TL_ ,...I _C _.__ �L _L_II l..
•
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htm1 8/31/2009
• FOR THE PURPOSE OF SECURING:
A. Payment of the principal sum of Twenty-five Thousand and 00/100 Dollars ($25,000.00). comprised of S 15,000.00 in HOME funds and
$10,000.00 in American Dream Dowpayment Initiative(ADDI) HOME funds ($4,499.00 of the ADDI HOME funds is for closing costs) as
evidenced by that certain promissory note dated of even date herewith (hereinafter referred to as the"Promissory Note") issued by Trustor in
said amount and payable to the order of Beneficiary, together with interest thereon, late charges and prepayment bonuses according to the
terms of the Promissory Note and all renewals,extensions and modifications thereof.
B. Performance, discharge of and compliance with every obligation,covenant and agreement of Trustor incorporated by reference or contained
herein or in any other security agreement or deed of trust at any time given to secure any indebtedness hereby secured, or any part thereof,
including the Agreement with the City of Omaha dated October 26, 2004 by City Council Resolution No. 1348 and American Dream
Downpayment Initiative(ADDI)funds as approved by City Council Resolution No. 1295 on Novembber 8,2005.
C. Payment of all fees and charges of Beneficiary,whether or not set forth herein.
D. Payment of future advances necessary to protect such property.
E. Payment of future advances to be made at the option of Trustor and Beneficiary.
TO PROTECT THE SECURITY OF THIS DEED OF TRUST,TRUSTOR COVENANTS:
1. Title: That it is lawfully seized and possessed of a good and indefeasible title and estate to such property in fee simple and will forever warrant
and defend the title thereto against the claims and demands of all persons whosoever;that it will at its expense,maintain and preserve the lien of
this Deed of Trust as a Second lien upon such property subordinate to superior lien(s) in an aggregate amount that shall not exceed the
lesser of$70,999.00,or the existing balance of said superior lien(s).
2. Maintenance: To keep such property in good condition and repair;to complete or restore promptly and in good and workmanlike manner any
building which may be constructed,damaged or destroyed thereon and to pay,when due, all claims for labor performed and materials furnished
therefore and for any alterations thereof; to comply with the provisions of restrictions affecting such property; not to remove, demolish or
materially alter any building,or the character or use thereof at any time thereon;not to drill or extract nor to permit the drilling for or extraction
of oil,gas or other hydrocarbon substances or any mineral of any kind unless the written consent of Beneficiary is first had and obtained;not to
commit or permit any waste thereof or any act upon such property in violation of law;to do all other acts in a timely and proper manner which
from the character or use of such property may be reasonably necessary to protect and preserve said security, the specific enumerations herein
not excluding the general.
3. Construction of Improvements: To complete in good and workmanlike manner any building or improvement or repair relating thereto which
may be begun on such property or contemplated by the loan secured hereby,to pay when due all costs and liabilities incurred therefore, and not
to permit any construction lien against such property. Trustor also agrees,anything in this Deed of Trust to the contrary notwithstanding: (a)to
promptly commence work and to complete the proposed improvements promptly, (b) to complete same in accordance with plans and
specifications as approved by Beneficiary, (c) to comply with all of the terms of any construction loan agreement between Trustor and
Beneficiary, (d) to allow Beneficiary to inspect such property at all times during construction, and (e) to replace any work or materials
unsatisfactory to Beneficiary, within fifteen (15)days after written notice from Beneficiary of such fact,which notice may be given to Trustor
by registered or certified mail,sent to his last known address,or by personal service of the same.
•
4. Fire and Casualty Insurance: To keep such property insured against loss or damage of fire and other risk or risks which, in the opinion of
Beneficiary should be insured against,under policies of insurance with loss payable to Beneficiary in form,amount and companies acceptable to
Beneficiary. Said policies shall be delivered to and remain in possession of Beneficiary as further security for the faithful performance of these
obligations, which delivery shall constitute an assignment by Trustor to beneficiary to all rights thereunder, including all return premiums; to
deliver to beneficiary a policy or policies renewing or extending any expiring insurance with a receipt showing premiums paid at least thirty(30)
days before expiration. If Trustor fails to so deliver any renewal policies, Beneficiary may procure such insurance as it may elect and make
payment of premiums thereon, which payment is repayable on demand. Neither Trustee nor Beneficiary shall be responsible for obtaining or
maintaining such insurance. Beneficiary, from time to time, may furnish to any insurance agency or company, or any other person, any
information contained in or extracted from any insurance policy theretofore delivered to Beneficiary pursuant hereto, and any information
concerning the loan secured hereby. In no event and whether or not default hereunder has occurred shall Beneficiary, by the fact of approving,
accepting or obtaining such insurance, incur any liability for the amount of such insurance,the form or legal sufficiency of insurance contracts,
solvency of insurers, or payment of losses by insurers, and Trustor hereby expressly assumes full responsibility therefore and liability, if any,
thereunder. In the event of loss,Trustor shall give immediate written notice to Beneficiary,and Beneficiary may, but is not obligated to,make
proof of loss if not made promptly by Trustor. In case of any loss the amount collected under any policy of insurance on such property may,at
the option of the Beneficiary, be applied by Beneficiary upon any indebtedness and/or obligation secured hereby and in such order and amount
as Beneficiary may determine; or said amount or any portion thereof may, at the option of the beneficiary, either be used in replacing or
restoring the Improvements partially or totally destroyed to a condition satisfactory to said Beneficiary, or said amount,or any portion thereof,
may be released to the Trustor. In any such event neither the Trustee nor the Beneficiary shall be obligated to see the proper application thereof;
nor shall the amount so released or used be deemed a payment on any indebtedness secured hereby. Such application,use,and/or release shall
not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. Any unexpired insurance and all
returnable insurance premiums shall inure to be the benefit of, and pass to, the purchaser of the property covered thereby at any Trustee's sale
held hereunder. If said property is sold pursuant to the power of sale contained herein or pursuant to any decree of foreclosure, all right, title
and interest of Trustor in and to the proceeds of fire and other insurance policies for damage prior to the sale, which proceeds are not received
prior to the date of said sale,shall belong to Beneficiary.
Page 3of6
Revised 1/31/06
•
•
5. Taxes and Other Sums Due: To pay, satisfy and discharge, at least ten (10) days before delinquency, all general and special taxes and
assessments affecting such property,and in no event later than the date such amounts become due: (1)all encumbrances,charges and liens,with
interest, on such property, or any part thereof, which are, or appear to Beneficiary to be prior to or superior hereto, (2) all costs, fees and
expenses of that trust, whether or not described herein, (3) fees or charges for any statement regarding the obligation secured hereby in any
amount demanded by Beneficiary,not to exceed the maximum amount allowed by law therefore at the time when such request is made,(4)such
other charges as the Beneficiary may deem reasonable for services rendered by Beneficiary and furnished at the request of Trustor or any
successor in interest to Trustor, (5) if such property includes a leasehold estate, all payments and obligations required of the Trustor, or his
successor in interest, under the terms of the instruments or instruments creating such leasehold,Trustor hereby agreeing not to amend,change,
or modify his leasehold interest or the terms on which he has such leasehold interest, or to do so without the written consent of Beneficiary
being first obtained, (6) all payments and monetary obligations required of the owner of such property under any declaration of covenants,
conditions and restrictions pertaining to such property or any modification thereof. Should Trustor fail to make any such payment,Beneficiary,
. without contesting the validity or amount, may elect to make or advance such payment, together with any costs, expenses, fees or charges
relating thereto,including employing counsel and paying his reasonable fees. Trustor agrees to notify Beneficiary immediately upon receipt by
Trustor of notice of any increase in the assessed value of such property and agrees that Beneficiary, in the name of Trustor, may contest by
appropriate proceedings such increase in assessment.
from the value of real property for the purposes of taxation any lien thereon or changing in any
the event of the passage of anylaw deductingp p Y P P
In P g
way the laws for the taxation of deeds of trust or debts secured by deeds of trust for state or local purposes, or the manner of the collection of
any such taxes,so as to affect this Deed of Trust,the holder of this Deed of Trust and of the obligations which it secures shall have the right to
declare all sums secured hereby due as of a date to be specified by not less than 30 days' written notice to be given to Trustor by Beneficiary;
provided, however, that such election shall be ineffective if Trustor is permitted by law to pay the whole of such tax in addition to all other
payments required hereunder and if, prior to such specified date, does pay such tax and agrees to pay any such tax when hereafter levied or
assessed against such property.
6. Sums Advanced to Bear Interest:To pay upon demand any sums advanced or paid by Beneficiary or Trustee under any clause or provision of
this Deed of Trust. Any such sums,until so repaid,shall be secured hereby and bear interest from the date advanced or paid at the default rate in
the Promissory Note and shall be secured by this Deed of Trust.
7. Assignment of Deposits:That as further additional security if this be a construction loan,Trustor hereby transfers and assigns to Beneficiary
during continuance of these Trusts, all rights,title and interest to any and all monies deposited by Trustor or deposited on behalf of Trustor with
any city,county,public body or agency,sanitary district,gas and/or electric company,telephone company and any other body or agency,for the
installation or to secure the installation of any utility by Trustor,pertaining to such property.
8. Failure of Trustor to Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as provided in this Deed of
Trust, or fail to perform any obligation secured by this Deed of Trust, or do any act Trustor agreed not to do, Trustor shall be in default under
this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor
from any obligation hereof and without contesting the validity or amount of the same,may(a)make or do the same in such manner and to such
extent as it may deem necessary to protect the security hereof,Beneficiary being authorized to enter upon such property for such purposes,and
(b) pay, purchase, contest or compromise any encumbrance, charge or lien,which in its judgment is or appears to be prior or superior hereto,
and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount
so expended on demand of Beneficiary.
IT IS MUTUALLY AGREED THAT:
9. Litigation:Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security
hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to
prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation
so to do, to commence, appear in or defend any such action,whether brought by or against Trustor, Beneficiary or Trustee,or with or without
suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action
or proceeding; and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action
therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attomey's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor,whether by way of judgment, settlement or
otherwise,(a)for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or(d) arising out of all causes of action, whether
accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
•
• All amounts received by Beneficiary pui.._...nt to this Deed of Trust under any fire or othe, ,nsurance policy, in connection with any
condemnation for public use of or injury to such property, for injury or damage to such property or in connection with the transaction financed
by the loan secured hereby are to be applied, at the option of Beneficiary, upon any indebtedness secured hereby. No such application, use or
release shall cure or waive any default,or notice of default,hereunder or invalidate any act done pursuant to such notice.
11. Consent, Partial Reconveyance, Etc.: That at any time, or from time to time, without liability therefore, and without notice, upon written
request of Beneficiary, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, or the lien of
this Deed of Trust upon the remainder of such property for the full amount of the indebtedness then or thereafter secured hereby,or the rights or
powers of the Beneficiary or Trustee with respect to the remainder of such property. Trustee may(a) reconvey any part of such property, (b)
consent to the making of any map or plat thereof, (c)join in granting any easement thereon, or (d)join in any extension agreement or any
agreement subordinating the lien or charge hereof.
12. Full Reconveyance: Upon written request of Beneficiary stating that all sums secured hereby have been paid. Trustee shall reconvey,without
warranty, the property then held hereunder. The recitals in such reconveyance of any matters of fact shall be conclusive proof of the
truthfulness thereof. The grantee in such reconveyance may be designated as"the person or persons legally entitled thereto." Such request and
reconveyance shall operate as a reassignment of the rents,income, issues and profits herein before assigned to Beneficiary.
13. Right to Collect and Receive Rents and Profits:Notwithstanding any other provisions hereof,Beneficiary hereby grants permission to Trustor
to collect and retain the rents,income,issues and profits of such property as they become due and payable,but reserves the right to revoke such
permission at any time, with or without cause, by notice in writing to Trustor, mailed to Trustor at his last known address. In any event, such
permission to Trustor automatically shall be revoked upon default by Trustor in payment of indebtedness secured hereby or in the performance
of any agreement hereunder. On any such default,Beneficiary may at any time without notice, either in person, by agent, or by receiver to be
appointed by the court, and without regard to the adequacy of any security for the indebtedness secured'hereby,enter upon and take possession
of such property,or any part thereof,make,cancel enforce or modify leases;obtain and eject tenants,set or modify rents;in its own name sue or
otherwise collect the rents, income, issues and profits thereof,including those past due and unpaid;and apply the same,less costs and expenses
of operation and collection, including reasonable attorneys' fees, upon any indebtedness secured hereby and in such order as Beneficiary may
determine;and except for such application,Beneficiary shall not be liable to any person for the collection or noncollection of any rents,income,
issues or profits, for the failure to assert or enforce any of the foregoing rights, nor shall Beneficiary be charged with any of the duties and
obligation of a mortgagee in possession. The entering upon and taking possession of such property,the collection of such rents,income,issues
or profits, the doing of other acts herein authorized, and the application thereof as aforesaid, shall not cure or waive any default or notice of
default hereunder or invalidate any act done pursuant to such notice.
14. Judicial Foreclosure or Trustee's Sale on Default: Upon default by Trustor in payment of any indebtedness secured hereby or in performance
of any agreement hereunder, or any agreement secured hereby,Beneficiary may declare all sums secured hereby immediately due and payable
and, at the option of the Beneficiary,this Deed of Trust may be foreclosed in the manner provided by law for the foreclosure of mortgages on
real property; or may be sold in the manner provided in the Nebraska Trust Deeds Act under the power of sale conferred upon the Trustee
hereunder.
In the event that the property is sold pursuant to the power of sale conferred upon the Trustee hereunder,the Trustee shall cause to be filed of
record a written notice of default and election to sell such property. After the lapse of such time as then may be required by law following
recordation of such notice of default, and notice of sale having been given as then required by law, Trustee,without demand on Trustor,shall
sell such property,either as a whole or in separate parcels,and in such order as it or Beneficiary may determine at public auction to the highest
bidder. Trustee may postpone the sale of all or any portion of such property by public announcement at the time and place of sale, and from
time to time thereafter may postpone the sale by public announcement at the time and place fixed by the preceding postponement. Trustee shall
deliver to such purchaser its deed conveying the property so sold,but without any covenant or warranty,express or implied. The recital in such
deed of any matters of fact or otherwise shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee or
Beneficiary, may purchase at such sale. Trustee may also sell at any sale and as part thereof any shares of corporate stock securing the
obligation secured hereby, and Trustor waives demand and notice of such sale. (Beneficiary at its option may also foreclose on such shares by
independent pledge sale,and Trustor waives demand and notice of such sale.) The Trustee shall apply the proceeds of the Trustee's sale,first,to
the costs and expenses of exercising the power of sale and of the sale, including the payment of Trustee's fees actually incurred, not to exceed
five percent of the principal balance unpaid at the time of recording the notice of default, second,to the payment of the obligation secured by
this trust deed, third, to the payment of junior trust deeds, mortgages or other liens, and the balance, if any, to the person or persons legally
entitled thereto.
Upon any default under this Deed of Trust or any note secured hereby and following any acceleration of maturity of the indebtedness secured
hereby, a tender of payment of the amount necessary to satisfy the entire indebtedness secured hereby, made at any time prior to a foreclosure
sale,whether under the power of sale contained herein or pursuant to judicial foreclosure proceedings,shall constitute an evasion of the payment
terms hereof and shall be deemed a voluntary prepayment of the indebtedness; and any such payment, to the extent permitted by law, must,
therefore,include a premium required under the prepayment privilege, if any,contained in any note secured hereby;or, if at that time there shall
be no privilege of prepayment,then such payment,to the extent permitted by law,will include a premium for such prepayment of five percent of
the then principal balance.
15. Personal Property:This Deed of Trust is also intended to encumber and create,and Trustor does hereby grant to Beneficiary,a security interest
in any and all of such property which is personal property owned by Trustor and now or hereafter located on or used in connection with such
property including,but not limited to,all equipment,fixtures, furniture,appliances and articles of personal property owned by Trustor and now
or hereafter located on, attached to or used in and about the improvements which are necessary to the complete and comfortable use and
occupancy of the Improvements for all purposes for which they are intended and such other goods and chattels and personal property owned by
Trustor as are ever to be used or furnished in operating the Improvements,or the activities conducted therein, and all renewals or replacements
Page 4 of 6 Revised 1/31/06
•
•
thereof or therefore, whether or not the sai:._ shall be attached to the Improvements in any mani,—, and all building materials and equipment
hereafter situated on or about the Real Estate or the Improvements . The foregoing security interest shall also cover Trustor's leasehold interest
•
in any of the foregoing items, which are leased by Trustor. Trustor shall, from time to time, upon request of Beneficiary, provide Beneficiary
with a current inventory of all of the personal property in such detail as Beneficiary may require.
16. Security Agreement: This Deed of Trust constitutes a security agreement between Trustor and Beneficiary with respect to all personal property
in which Beneficiary is granted a security interest hereunder, and, cumulative of all other rights and remedies of Beneficiary hereunder.
Beneficiary shall have all of the rights and remedies of a secured party under the Nebraska Uniform Commercial Code. Trustor hereby agrees to
execute and deliver on demand and hereby irrevocably constitutes and appoints Beneficiary the attorney-in-fact of Trustor to execute and deliver
and, if appropriate,to file with the appropriate filing officer or officers such security agreements, financing statements, continuation statements
or other instruments as Beneficiary may request or require in order to impose, perfect or continue the perfection of the lien or security interest
created hereby. Upon the occurrence of any default hereunder not cured within any applicable grace period, Beneficiary shall have the right to
cause any of such property which is personal property and subject to security interest of Beneficiary hereunder to be sold in one of public or
private sales as permitted by applicable law, including at a sale held in conjunction with the sale of such property by Trustee,as provided for in
this Deed of Trust,and Beneficiary shall further have all rights and remedies,whether at law in equity or by statute, as are available to secured
creditors under applicable law. Any such disposition may be conducted by an employee or agent of Beneficiary or Trustee. Expenses of
retaking, holding, preparing for sale, selling or the like shall be born by Trustor and shall include Beneficiary's and Trustee's fees and legal
expenses. Beneficiary'shall have the right to enter upon the Real Estate and the Improvements or any other real property or any personal
property which is the subject of the security interest granted herein as located to take possession of,assemble and collect such personal property
or to render it usable, or Trustor,upon demand of Beneficiary, shall assemble such personal property and make it available to Beneficiary at a
place deemed reasonably convenient to Beneficiary. If notice is required by law, Beneficiary shall give Trustor at least five (5) days prior
written notice of the time and place of any public sale or other disposition of such property or of the time of or after which any private sale or
other intended disposition is to be made, and, if such notice is sent to Trustor, as the same is provided for the mailing of notices herein, it is
hereby deemed that such notice shall be and is reasonable notice to Trustor. Any sale made pursuant to the provisions of this paragraph shall be
deemed to have been a public sale conducted in a reasonably commercial manner if held contemporaneously with the sale under the power of
sale granted in this Deed of Trust upon giving the same notice with respect to the sale under the power of sale given the Trustee under this Deed
of Trust.
17. Fixture Financing Statement: This Deed of Trust is intended to be a financing statement within the purview of the Nebraska Uniform
Commercial Code with respect to those items of such property as constitute fixtures on the Real Estate. The address of Trustor(Debtor) and
Beneficiary(Secured Party) are set forth on the first page of this Deed of Trust. This Deed of Trust is to be filed for record with the Douglas
•
County Register of Deeds where the real estate is located. Trustor is the record owner of the real estate.
18. Substitution of Trustee: That Beneficiary may,from time to time,by instrument in writing,substitute a successor or successors to any Trustee
named herein or acting hereunder, which instrument executed and acknowledged by Beneficiary and recorded in the office of the register of
deeds of the county or counties where such property is situated,shall be conclusive proof of proper substitution of such Trustee or Trustees,who
shall,without conveyance form the Trustee predecessor,succeed to all its title,estate,rights,power and duties.
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in-writing. Waiver of
Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to any transaction or
occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of any sum secured hereby after its
due date, or by making any payment or performing any act on behalf of Trustor that Trustor was obligated hereunder, but failed to make or
perform, or by adding any payment so made by Beneficiary to the indebtedness secured hereby,Beneficiary does not waive its right to require
prompt payment when due of all other sums so secured or to require prompt performance of all other acts required hereunder,or to declare a
default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent permitted by law, Trustor
waives all present or future statutes of limitations with respect to any debt,demand or obligation secured hereby in any action or proceeding for
the purpose of enforcing this Trust or any right or remedies hereunder.
21. Inspection and Business Records: Beneficiary at any time during the continuation of this Trust may enter and inspect such property at any
reasonable time. Trustor agrees that in the event such property is now or hereafter used for commercial or residential income purposes, when
requested by Beneficiary,Trustor will promptly deliver to Beneficiary,such certified financial statements and profit and loss statements of such
types and at such intervals as may be required by Beneficiary,which will be in form and content prepared according to the usual and acceptable
accounting principles and practices,which statements shall cover the financial operations relating to such property. Trustor further agrees when
requested by.Beneficiary to promptly deliver in writing such further additional information as required by Beneficiary relating to any such
financial statements.
22. Acceleration Clause: Should Trustor be in default under this Deed of Trust, or should Trustor, or any successor in interest of Trustor,
voluntarily or involuntarily sell,exchange,convey,transfer,contract to sell,lease with option to purchase,sublease,change the character or use
of,or further encumber such property,or any part thereof,or any interest therein;or if any said parties shall be divested of title to such property,
or any part thereof, or any interest therein, either voluntarily, or involuntarily; or if title to such property be subjected to any lien or charge,
voluntarily or involuntarily, contractual or statutory, without the written consent of Beneficiary being first had and obtained, then Beneficiary
shall have the right, at its option, to declare all sums secured hereby forthwith due and payable; and this same right of acceleration shall be
available to Beneficiary if the undersigned is a partnership and any interest of a general partner terminates, is assigned or transferred, or is
diminished;or if the undersigned is a corporation and any of the corporate stock is transferred,sold or assigned;or if the undersigned is a trustee
of a trust and there is a change of any of the beneficial interest of the trust.
Page 5 of 6 Revised 1/31/06
•
'23. Remedies: No remedy herein provided si._., be exclusive of any other remedy herein or noN,, or hereafter existing by law, but shall be
cumulative. Every power of remedy hereby given to Trustee or Beneficiary, or to which either of them may be otherwise entitled, may be
exercised from time to time and as often as may be deemed expedient by them, and either of them may pursue inconsistent remedies. If
Beneficiary holds any additional security for any obligation secured hereby, it may enforce the sale thereof at its option, either before,
contemporaneously with, or after the sale is made hereunder, and on any default of Trustor, Beneficiary may, at its option, offset against any
indebtedness secured hereby,and the Beneficiary is hereby authorized and empowered at its option,without any obligation so to do,and without
affecting the obligations hereof, to apply toward the payment of any indebtedness of the Trustor to the Beneficiary any and all sums of money of
Trustor which Beneficiary may have in its possession or under its control, including without limiting the generality of the foregoing,any savings
account,deposit, investment certificate,escrow or trust funds.
24. Acknowledgment: Trustor agrees and acknowledges that prior to the execution of this Deed of Trust,Trustor did acknowledge in writing and
hereby confirms again that(a) this Deed of Trust is not a mortgage, but a deed of trust,(b)that the power of sale provided for herein provides
substantially different rights and obligations for Trustor than a mortgage in the event of a default or breach of any obligation hereunder,and(c)
the aforementioned written acknowledgment was executed prior to the execution of this Deed of Trust.
25. Law Applicable:That this Deed of Trust shall be construed according to the laws of the State of Nebraska.
• 26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not affect other
provisions of this Deed of Trust which can be given effect without the conflicting provision,and to this end the provisions of this Deed of Trust •
are declared to be severable.
•
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees,
administrators, executors,successors and assigns. (b)The term"Beneficiary"shall mean the owner and holder(including a pledge)of any note
secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the masculine gender includes the feminine
and neuter, the singular number includes the plural,and vice versa. (d)Captions and paragraph headings used herein are for convenience only,
are not a part of this agreement,and shall not be used in construing it. If more than one person is named herein as Trustor, each obligation of
Trustor shall be the joint and several obligation of each such person. The rights or remedies granted hereunder, or by law, shall not be
exclusive,but shall be concurrent and cumulative.
28. Trustee accepts this Trust when this Deed of Trust,duly executed and acknowledged, is made a public record as provided by law. Trustee is
not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in which Trustor,Beneficiary
or Trustee shall be party,unless brought by Trustee. •
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale hereunder shall be
mailed to each person itemized below at the address indicated:
Monique M.Cribbs,5347 North 47`1'Avenue,Omaha,NE 68104
• IN WITNESS WHEREOF,Trustor has executed this Deed of Trust on the date first above written.
•
By: (1611/14 C1,L�7/4 It/Lag-01
Monique M. ibbs,a single person
•
(CORPORATE SEAL)
STATE OF NEBRASKA )
) §
COUNTY OF DOUGLAS )
On this 21st day of July, 2006, before me, the undersigned, a Notary Public duly commissioned and qualified in and for said county,
personally came Monique M. Cribbs, a single person, to me known to be the person(s) named in and who executed the foregoing instrument, and
acknowledged that she executed the same as her voluntary act and deed for the purposes therein stated.
Witness my hand and notarial seal the day and year last above written.
My commission expires
Notary Public
State
GENERAL NOTARY- N Nebraska.
al KELLYJ.;19UNDT
Comm.Exn. ;larch 28.2008
- Page 6 of 6 Revised 1/31/06
rior or superior hereto,
and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount
so expended on demand of Beneficiary.
IT IS MUTUALLY AGREED THAT:
9. Litigation:Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security
hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to
prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation
so to do, to commence, appear in or defend any such action,whether brought by or against Trustor, Beneficiary or Trustee,or with or without
suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action
or proceeding; and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action
therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attomey's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor,whether by way of judgment, settlement or
otherwise,(a)for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or(d) arising out of all causes of action, whether
accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
SCHEDULE "A"
HOMEBUYER PROMISSORY NOTE
DEFERRED PAYMENT LOAN
Date: July 21, 2006
Project: HNHC Revolving
Loan Number: 04-HOME/0507
Borrower: Monique M. Cribbs,a single person
Property Address: 5347 North 47`1'Avenue,Omooaha,NE 68104
Legal Description: Lot 25, Block 4,Alscher Homes, an addition to the City of Omaha, as surveyed,
platted and recorded in Douglas County,Nebraska
FOR VALUE RECEIVED, the Undersigned jointly and severally promise(s) to pay without interest to the
order of the CITY OF OMAHA (hereinafter referred to as the "CITY"), acting by and through the Director of the
Planning Department(hereinafter referred to as the "Director") or its successors, the Principal Amount of Twenty-
five Thousand and No/100 Dollars ($25,000.00), comprised of$15,000.000 HOME funds and $10,000.00 ADDI
HOME funds.
The Principal on this Note is payable on the first day after the Undersigned conveys, grants, mortgages,
assigns or no longer resides in the property as their principal place of residence,or otherwise transfer their interest or
a portion thereof in the property or improvements at 5347 North 47`11 Avenue as legally described above without the
prior written consent of the Director, in lawful money of the United States at the principal office of the City of
Omaha,Planning Department, 1819 Farnam Street,Room 1111,Omaha,Nebraska, 68183, or at such other places as
shall be designated by the City.
The Principal on this Note shall depreciate at the rate of five percent (5%) per year.from the date of this
Note, for ten (10) years if the Undersigned does not convey, grant, mortgage, assign or transfer a portion of the
property or improvements thereon and continues to reside in the property as their principal place of residence. The
remaining 50% balance of the Principal on this Note shall become due upon sale or transfer of the property or the
Undersigned may choose to repay this balance through terms and conditions of repayment as determined by the
City.
The Undersigned reserve(s) the right to prepay at any time all or any part of the principal amount of this
Note without the payment of penalties or premiums.
IN THE EVENT the Undersigned shall fail to pay the principal amount of this Note when due, the
Undersigned shall pay to the CITY a late charge of 4%per calendar month, or a fraction thereof, on the amount past
due and remaining unpaid. In the event that this Note should be reduced to judgment, such judgment shall bear
interest thereon at the statutory rate,but not to exceed 9%per annum.
IF suit is instituted by the City to recover this Note, the Undersigned agrees to pay all costs of such
collection, including reasonable attorney's fees and court costs.
THIS NOTE is secured by no less than a Second Deed of Trust subordinate to superior lien(s) in an
aggregate amount that shall not exceed the lesser of$67,000.00, or the existing balance of said superior lien(s),plus
eligible,reasonable closing costs,duly filed for record in Douglas County,Nebraska.
DEMAND, protest and notice of demand and protest are hereby waived, and the Undersigned hereby
waives, to the extent authorized by law, any and all homestead and other exemption rights which otherwise would
apply to the debt evidenced by this Note.
IN WITNESS WHEREOF, this Note has been duly executed by the Undersigned, as of the day and year
•
above set forth. 1J
Li l`'t-6 1 ( in • / .C6�f 1
Monique M. C°Tibbs,a single person Witness
•
Witness
Revised: 3/27/06
d:
Monique M.Cribbs,5347 North 47`1'Avenue,Omaha,NE 68104
• IN WITNESS WHEREOF,Trustor has executed this Deed of Trust on the date first above written.
•
By: (1611/14 C1,L�7/4 It/Lag-01
Monique M. ibbs,a single person
•
(CORPORATE SEAL)
STATE OF NEBRASKA )
) §
COUNTY OF DOUGLAS )
On this 21st day of July, 2006, before me, the undersigned, a Notary Public duly commissioned and qualified in and for said county,
personally came Monique M. Cribbs, a single person, to me known to be the person(s) named in and who executed the foregoing instrument, and
acknowledged that she executed the same as her voluntary act and deed for the purposes therein stated.
Witness my hand and notarial seal the day and year last above written.
My commission expires
Notary Public
State
GENERAL NOTARY- N Nebraska.
al KELLYJ.;19UNDT
Comm.Exn. ;larch 28.2008
- Page 6 of 6 Revised 1/31/06
rior or superior hereto,
and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount
so expended on demand of Beneficiary.
IT IS MUTUALLY AGREED THAT:
9. Litigation:Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security
hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to
prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation
so to do, to commence, appear in or defend any such action,whether brought by or against Trustor, Beneficiary or Trustee,or with or without
suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action
or proceeding; and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action
therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attomey's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor,whether by way of judgment, settlement or
otherwise,(a)for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or(d) arising out of all causes of action, whether
accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
May 6,2010
Ms. Kit Diesing
City of Omaha
Planning Department
1819 Farnam Street
Omaha, NE 68183
RE:5347 North 47`h Ave,Omaha,NE 68104
Dear Ms. Diesing,
I am writing this letter to request that my home have the option of rent/rent to own. I have had my home on the
market since October 2009 and with no success. I have recently accepted a new job outside of Omaha and my start
date is July 1,2010. The price has been dropped significantly and again with no success.
I would like to make a smooth transition from Omaha to my next position. I have everything else in order,I just
need to sell my home or rent it to a reliable party. I am open to all options regarding my home,if you have any
suggestions,please let me know.
Thanks for your time and consideration.
•
Sincerely,
A ,
Moniq . Cribbs
Morgan Holmes
Member of the Board of Directors
•
1EEBreafty®
it's your move
2611 S 177th St
Omaha, NE 68144
April 16, 2010
To whom it may concern:
Ms. Cribbs has requested that I give you an outline of what I have done, as her
realtor, to market her home for sale, at 5347 N 47 Ave in Omaha, NE.
I listed her home for sale on October 11, 2009 for $100,000. I had one realtor
schedule a showing in November, but they did not show. We then lowered the price to
$89,997 on November 10, 2009. We stayed at this price over the holidays, due to reduced
buyer traffic at that time. On January 12, 2009 another Deeb agent showed the home. The
feedback I received was that the home was too small for the price. On January 15, 2010 I
reduced the price to 85,997. Again, on March 9, 2010 I reduced the price to $82,000. The
buyer traffic at this point was picking up and I felt it was important she was competitive
with her neighbors. The plan was to continue taking small slices out of the price until
interest in her home picked up. Every time the price is reduced on a home it gets put onto a
special list on the MLS. It also gets sent to all buyer clients on a market watch every time
the price is reduced. The price was reduced to 81,900 on March 17, 2010 to get more
exposure for her open house on March 21. No one attended the open house on March 21.
On March 23, 2010 an agent from REA showed the home. I specifically asked the agent if
she felt the price was appropriate if we dropped it to $79,000, she replied, "You are getting
close for that area." On March 24, 2010 the price was dropped to $79,000. I also made an
attempt to reinvent the home. I went to Monique's home on March 24 and took all new
pictures of her home. I made new flyers at that time that advertised her upcoming open
house. The flyers were posted in a few businesses as well. A short time later, I noticed
buyer traffic was really on the rise and pending home sales were rising as well, but we were
receiving absolutely no interest. I reduced the price again on April 11, 2010 to $77,000. My
hope was that it would generate more interest for the open house on April 12. The open
house was advertised in the Omaha World Herald, the Deeb website, the NP Dodge website,
on the flyers since March 24, and on the MLS. I also put out six directional signs on the day
of the open house. Ideally, the directional signs pulled traffic off of Sorenson Parkway and
Fontenelle Blvd. My most recent action I have taken on the home was on April 16, 2010
when I reduced the price to $75,000. I have been trying to get her home the most exposure
I can before the end of the tax credit.
The current market conditions for her area over the previous month to current date,
which is area 2222 on the Omaha MLS, is as follows: List price average, $56,413, sold price
average, $29,683. Eight properties sold, six properties pending, fifty active properties. This
shows the area has more inventory than buyers and the price on her home is still above
average. Of course, all homes are different and you can not rely on an average to price the
home. I like to use the average as more of a buyer expectation.
Sincerely
Jennifer Ervin
Deeb Realty
Jervin(agodeeb.com
402-699-3703
bt evidenced by this Note.
IN WITNESS WHEREOF, this Note has been duly executed by the Undersigned, as of the day and year
•
above set forth. 1J
Li l`'t-6 1 ( in • / .C6�f 1
Monique M. C°Tibbs,a single person Witness
•
Witness
Revised: 3/27/06
d:
Monique M.Cribbs,5347 North 47`1'Avenue,Omaha,NE 68104
• IN WITNESS WHEREOF,Trustor has executed this Deed of Trust on the date first above written.
•
By: (1611/14 C1,L�7/4 It/Lag-01
Monique M. ibbs,a single person
•
(CORPORATE SEAL)
STATE OF NEBRASKA )
) §
COUNTY OF DOUGLAS )
On this 21st day of July, 2006, before me, the undersigned, a Notary Public duly commissioned and qualified in and for said county,
personally came Monique M. Cribbs, a single person, to me known to be the person(s) named in and who executed the foregoing instrument, and
acknowledged that she executed the same as her voluntary act and deed for the purposes therein stated.
Witness my hand and notarial seal the day and year last above written.
My commission expires
Notary Public
State
GENERAL NOTARY- N Nebraska.
al KELLYJ.;19UNDT
Comm.Exn. ;larch 28.2008
- Page 6 of 6 Revised 1/31/06
rior or superior hereto,
and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount
so expended on demand of Beneficiary.
IT IS MUTUALLY AGREED THAT:
9. Litigation:Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security
hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to
prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation
so to do, to commence, appear in or defend any such action,whether brought by or against Trustor, Beneficiary or Trustee,or with or without
suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action
or proceeding; and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action
therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attomey's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor,whether by way of judgment, settlement or
otherwise,(a)for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or(d) arising out of all causes of action, whether
accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, on October 26, 2004, a Redevelopment Agreement between the City
of Omaha (hereinafter referred to as "City") and Holy Name Housing Corporation was approved
by City Council Resolution No. 1348 and executed by the Mayor of the City of Omaha to provide
for the partial financing of home acquisition by eligible homebuyers under the HOME Investment
Partnerships Program; and,
WHEREAS, on July 21, 2006, Monique M. Cribbs (hereinafter referred to as
"Borrower") executed a deferred payment loan Deed of Trust, Construction Security Agreement
and Assignment of Rents and Promissory Note in the amount of $25,000.00 to secure the
financing of the acquisition of her property, located at 5347 North 47th Avenue, such documents
being recorded on July 21, 2006, with the Douglas County Register of Deeds as Instrument No.
2006082550 (hereinafter referred to as "Loan Documents"; and,
WHEREAS, the terms of the deferred payment loan provide for the depreciation of
the loan balance by five percent (5%) each year for ten years from the date of the promissory
note; and -
WHEREAS, the Borrower is no longer able to remain in her home due to out-of-
state employment opportunities necessitating the sale or lease of the property to facilitate her
relocation to another city; and,
WHEREAS, the value of the property is insufficient to generate a sales price
adequate to satisfy the first mortgage lien, the City's second lien, and reasonable closing costs;
and,
WHEREAS, the Borrower has made written request to the City that it allow the
Borrower to lease the property in accordance to HOME Program regulations, to an eligible
tenant whose income does not exceed 80% of the Median Family Income By Family Size as
determined by the U.S. Department of Housing and Urban Development; and,
WHEREAS, the Borrower has agreed to execute an Agreement, in substantially
the same format as Attachment 1, with the City specifying the terms under which the property
may be rented, including income and rent restrictions and reporting and inspection
requirements; and,
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
. My most recent action I have taken on the home was on April 16, 2010
when I reduced the price to $75,000. I have been trying to get her home the most exposure
I can before the end of the tax credit.
The current market conditions for her area over the previous month to current date,
which is area 2222 on the Omaha MLS, is as follows: List price average, $56,413, sold price
average, $29,683. Eight properties sold, six properties pending, fifty active properties. This
shows the area has more inventory than buyers and the price on her home is still above
average. Of course, all homes are different and you can not rely on an average to price the
home. I like to use the average as more of a buyer expectation.
Sincerely
Jennifer Ervin
Deeb Realty
Jervin(agodeeb.com
402-699-3703
bt evidenced by this Note.
IN WITNESS WHEREOF, this Note has been duly executed by the Undersigned, as of the day and year
•
above set forth. 1J
Li l`'t-6 1 ( in • / .C6�f 1
Monique M. C°Tibbs,a single person Witness
•
Witness
Revised: 3/27/06
d:
Monique M.Cribbs,5347 North 47`1'Avenue,Omaha,NE 68104
• IN WITNESS WHEREOF,Trustor has executed this Deed of Trust on the date first above written.
•
By: (1611/14 C1,L�7/4 It/Lag-01
Monique M. ibbs,a single person
•
(CORPORATE SEAL)
STATE OF NEBRASKA )
) §
COUNTY OF DOUGLAS )
On this 21st day of July, 2006, before me, the undersigned, a Notary Public duly commissioned and qualified in and for said county,
personally came Monique M. Cribbs, a single person, to me known to be the person(s) named in and who executed the foregoing instrument, and
acknowledged that she executed the same as her voluntary act and deed for the purposes therein stated.
Witness my hand and notarial seal the day and year last above written.
My commission expires
Notary Public
State
GENERAL NOTARY- N Nebraska.
al KELLYJ.;19UNDT
Comm.Exn. ;larch 28.2008
- Page 6 of 6 Revised 1/31/06
rior or superior hereto,
and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount
so expended on demand of Beneficiary.
IT IS MUTUALLY AGREED THAT:
9. Litigation:Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security
hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to
prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation
so to do, to commence, appear in or defend any such action,whether brought by or against Trustor, Beneficiary or Trustee,or with or without
suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action
or proceeding; and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action
therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attomey's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor,whether by way of judgment, settlement or
otherwise,(a)for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or(d) arising out of all causes of action, whether
accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
C-25A •
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,.Nebraska
Page 2 •
WHEREAS, it is in the best interests of the citizens of the City of Omaha that the
City agree to allow the Borrower to lease the property to an eligible tenant household and to
maintain the property as an affordable housing unit in compliance with HOME Program
regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, in consideration of the extenuating
circumstances regarding the employment situation of Monique M. Cribbs, the City agrees to
allow her to lease her property, located at 5347 North 47th Avenue, to an eligible tenant
household, in accordance to HOME Program regulations, to an eligible tenant whose income
does not exceed 80% of the Median Family Income By Family Size as determined by the U.S.
Department of Housing and Urban Development. Be it further resolved, all other terms of the
Loan Documents remain in full effect.
PROV AST FORM:
SS TANT CI Y TTORNE
Plnlsf 1423-res
t '`944
We414•41vitirt
By
�. Councilmember
•
Adopted JUL...1..3..ZO
City Clerk 7/15//0
Approved...,--
/ ' ` Mayor
essitating the sale or lease of the property to facilitate her
relocation to another city; and,
WHEREAS, the value of the property is insufficient to generate a sales price
adequate to satisfy the first mortgage lien, the City's second lien, and reasonable closing costs;
and,
WHEREAS, the Borrower has made written request to the City that it allow the
Borrower to lease the property in accordance to HOME Program regulations, to an eligible
tenant whose income does not exceed 80% of the Median Family Income By Family Size as
determined by the U.S. Department of Housing and Urban Development; and,
WHEREAS, the Borrower has agreed to execute an Agreement, in substantially
the same format as Attachment 1, with the City specifying the terms under which the property
may be rented, including income and rent restrictions and reporting and inspection
requirements; and,
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
. My most recent action I have taken on the home was on April 16, 2010
when I reduced the price to $75,000. I have been trying to get her home the most exposure
I can before the end of the tax credit.
The current market conditions for her area over the previous month to current date,
which is area 2222 on the Omaha MLS, is as follows: List price average, $56,413, sold price
average, $29,683. Eight properties sold, six properties pending, fifty active properties. This
shows the area has more inventory than buyers and the price on her home is still above
average. Of course, all homes are different and you can not rely on an average to price the
home. I like to use the average as more of a buyer expectation.
Sincerely
Jennifer Ervin
Deeb Realty
Jervin(agodeeb.com
402-699-3703
bt evidenced by this Note.
IN WITNESS WHEREOF, this Note has been duly executed by the Undersigned, as of the day and year
•
above set forth. 1J
Li l`'t-6 1 ( in • / .C6�f 1
Monique M. C°Tibbs,a single person Witness
•
Witness
Revised: 3/27/06
d:
Monique M.Cribbs,5347 North 47`1'Avenue,Omaha,NE 68104
• IN WITNESS WHEREOF,Trustor has executed this Deed of Trust on the date first above written.
•
By: (1611/14 C1,L�7/4 It/Lag-01
Monique M. ibbs,a single person
•
(CORPORATE SEAL)
STATE OF NEBRASKA )
) §
COUNTY OF DOUGLAS )
On this 21st day of July, 2006, before me, the undersigned, a Notary Public duly commissioned and qualified in and for said county,
personally came Monique M. Cribbs, a single person, to me known to be the person(s) named in and who executed the foregoing instrument, and
acknowledged that she executed the same as her voluntary act and deed for the purposes therein stated.
Witness my hand and notarial seal the day and year last above written.
My commission expires
Notary Public
State
GENERAL NOTARY- N Nebraska.
al KELLYJ.;19UNDT
Comm.Exn. ;larch 28.2008
- Page 6 of 6 Revised 1/31/06
rior or superior hereto,
and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount
so expended on demand of Beneficiary.
IT IS MUTUALLY AGREED THAT:
9. Litigation:Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security
hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to
prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation
so to do, to commence, appear in or defend any such action,whether brought by or against Trustor, Beneficiary or Trustee,or with or without
suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action
or proceeding; and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action
therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attomey's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor,whether by way of judgment, settlement or
otherwise,(a)for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or(d) arising out of all causes of action, whether
accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06
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proved...,--
/ ' ` Mayor
essitating the sale or lease of the property to facilitate her
relocation to another city; and,
WHEREAS, the value of the property is insufficient to generate a sales price
adequate to satisfy the first mortgage lien, the City's second lien, and reasonable closing costs;
and,
WHEREAS, the Borrower has made written request to the City that it allow the
Borrower to lease the property in accordance to HOME Program regulations, to an eligible
tenant whose income does not exceed 80% of the Median Family Income By Family Size as
determined by the U.S. Department of Housing and Urban Development; and,
WHEREAS, the Borrower has agreed to execute an Agreement, in substantially
the same format as Attachment 1, with the City specifying the terms under which the property
may be rented, including income and rent restrictions and reporting and inspection
requirements; and,
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
. My most recent action I have taken on the home was on April 16, 2010
when I reduced the price to $75,000. I have been trying to get her home the most exposure
I can before the end of the tax credit.
The current market conditions for her area over the previous month to current date,
which is area 2222 on the Omaha MLS, is as follows: List price average, $56,413, sold price
average, $29,683. Eight properties sold, six properties pending, fifty active properties. This
shows the area has more inventory than buyers and the price on her home is still above
average. Of course, all homes are different and you can not rely on an average to price the
home. I like to use the average as more of a buyer expectation.
Sincerely
Jennifer Ervin
Deeb Realty
Jervin(agodeeb.com
402-699-3703
bt evidenced by this Note.
IN WITNESS WHEREOF, this Note has been duly executed by the Undersigned, as of the day and year
•
above set forth. 1J
Li l`'t-6 1 ( in • / .C6�f 1
Monique M. C°Tibbs,a single person Witness
•
Witness
Revised: 3/27/06
d:
Monique M.Cribbs,5347 North 47`1'Avenue,Omaha,NE 68104
• IN WITNESS WHEREOF,Trustor has executed this Deed of Trust on the date first above written.
•
By: (1611/14 C1,L�7/4 It/Lag-01
Monique M. ibbs,a single person
•
(CORPORATE SEAL)
STATE OF NEBRASKA )
) §
COUNTY OF DOUGLAS )
On this 21st day of July, 2006, before me, the undersigned, a Notary Public duly commissioned and qualified in and for said county,
personally came Monique M. Cribbs, a single person, to me known to be the person(s) named in and who executed the foregoing instrument, and
acknowledged that she executed the same as her voluntary act and deed for the purposes therein stated.
Witness my hand and notarial seal the day and year last above written.
My commission expires
Notary Public
State
GENERAL NOTARY- N Nebraska.
al KELLYJ.;19UNDT
Comm.Exn. ;larch 28.2008
- Page 6 of 6 Revised 1/31/06
rior or superior hereto,
and(c)in exercising any such power,pay necessary expenses,employ counsel and pay his reasonable fees. Trustor agrees to repay any amount
so expended on demand of Beneficiary.
IT IS MUTUALLY AGREED THAT:
9. Litigation:Trustor shall defend this Trust in any action or proceeding purporting to affect such property,whether or not it affects the security
hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all necessary claims and actions to
prevent or recover for any damage to or destruction of such property,and either Trustee or Beneficiary is hereby authorized,without obligation
so to do, to commence, appear in or defend any such action,whether brought by or against Trustor, Beneficiary or Trustee,or with or without
suit,to exercise or enforce any other right,remedy or power available or conferred hereunder,whether or not judgments be entered in any action
or proceeding; and Trustor or Beneficiary may appear or intervene in any action or proceeding,and retain counsel therein;and take such action
therein, as either may be advised and may settle, compromise or pay the same or any other claims and, in the behalf and for any of said
purposes, may expend and advance such sums of money as either may deem necessary. Whether or not Trustor so appears or defends,Trustor
on demand shall pay all costs and expenses of Beneficiary and Trustee, including costs of evidence of title and attomey's fees in a reasonable
sum, in any such action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action,including but not limited to
any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor,whether by way of judgment, settlement or
otherwise,(a)for injury or damage to such property,or(b)in connection with any condemnation for public use or injury to such property or any
part thereof, or (c) in connection with the transaction financed by the loan secured hereby, or(d) arising out of all causes of action, whether
accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of action for fraud or concealment of a
material fact, together with the settlements, proceeds, awards and damages, direct and consequential, in connection therewith, are hereby
absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary shall be entitled, at its option, to commence, intervene in,
appear in and prosecute in its own name, any action or proceeding, or to make any compromise or settlement, in connection with any such
taking or damage. Trustor agrees to execute such further assignments of any compensation, award, damages, rights of action and proceeds as
Beneficiary may acquire.
Page 3 of 6 Revised 1/31/06