3.9 Section J Attachment A7 Amend 0016.pdf

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3. 9 Asset Manager Federal contract opportunity
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86544A19R00003
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Department of Housing and Urban Development

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Page 1 of 3 Form HUD-9545-Y

(2/3/2011)

OMB Control No. 2502-0306 (Expires 06/30/2023)

Property Disposition Program U.S. Department of Housing

LEAD-BASED PAINT DISCLOSURE and Urban Development

ADDENDUM TO SALES CONTRACT Office of Housing

Federal Housing Commissioner

SELLER HAS PERTINENT RECORDS

Public reporting burden for this collection of information is estimated to average 12 minutes each for the Purchaser and the Broker, 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.

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 required in order to administer the HUD Lead Disclosure

Rule (24 CFR Part 35). If this information were not collected, HUD would not be able to administer the Property Disposition Sales Program properly to avoid waste, mismanagement, and abuse. The information will be retained by the Department as part of the transaction record for a property disposition action. Failure to provide this information could affect your participation in the HUD Homes program.

Warning: Falsifying information on this or any other form of the

Department is a felony. It is punishable by a fine not to exceed $250,000 and/or a prison sentence of not more than two years. Failure to adhere to the residency and resale requirements may result in administrative sanctions being taken against the purchaser.

Privacy Act Notice: The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the information requested in the form by virtue of Title 12, United States Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. While no assurance of confidentiality is pledged to respondents, HUD generally discloses this data only in response to a Freedom of Information Act request.

SELLER HAS RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT

AND/OR

LEAD-BASED PAINT HAZARDS

Property Case #:

Property Address:

Lead Warning Statement

Every Purchaser of any interest in residential real property on which a residential dwelling was built before

1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Purchaser with any information on lead -based paint hazards from risk assessments or inspections in the Seller's possession and notify the Purchaser of any known lead -based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

Seller Acknowledgement and Contingency Period

Records and reports and other information are available for downloading and review from the property listing website, and copies have been provided to the Purchaser. Purchaser has a contingency period to withdraw from the contract that expires fifteen (15) calendar days from the date the contract is accepted by HUD.

Because the Purchaser had access to lead records and reports before submission of its bid, the Purchaser may withdraw from the purchase contract by providing written notice of withdrawal on or before the contingency expiration date (as evidenced by the postmark on the Purchaser's notice of-withdrawal), but is not entitled to a refund of earnest money, unless the Purchaser obtained an independent lead-based paint inspection performed by a Certified Lead-Based Paint Inspector or Risk Assessor rind the Purchaser provides HUD with a copy of the inspection report.

Page 2 of 3 Form HUD- 9545-Y

The findings of the records or reports provided by HUD are as follows:

_____ No lead-based paint or lead-based paint hazards were found.

_____ Lead-based paint and/or lead-based paint hazards were found. None of the lead-based paint was deteriorated.

_____ Lead-based paint and/or lead-based paint hazards were found. Some of the lead-based paint was deteriorated and Seller has already completed the required stabilization. The lead-based paint stabilization plan and the lead clearance report showing that acceptable levels were met are available for downloading from the property listing website, and has been provided to the Purchaser as evidenced by the signature(s) below. No further stabilization is planned.

_____ Lead-based paint and/or lead-based paint hazards were found. Some of the lead-based paint was deteriorated. Seller caused to be prepared a lead-based paint stabilization plan that is available for downloading from the property listing website, and has been provided to the Purchaser as evidenced by the signature(s) below.

Financing Type (Selling Broker to initial applicable item)

_____ No FHA Financing of pre-1978: If the purchase of this property is not being financed with an FHA-insured loan the Seller will not complete any additional inspection, testing or clearance. The Purchaser has a contingency period that expires fifteen (15) days from the date the contract is accepted by HUD to review reports provided by the Seller and to conduct an investigation inspection or assessment.

_____ Any FHA Financing Except 203(k): This property is being sold subject to FHA insured financing under a program other than a 203(k) Rehabilitation Mortgage and, as disclosed above by the Seller, deteriorated lead -based paint was found. If the Seller has not already done so, the Seller agrees to stabilize the deteriorated lead-based paint in accordance with the stabilization plan and obtain lead clearance by the close of the escrow period or any extensions thereof.

_____ FHA 203(k) Financing: This property is being sold subject to a 203(k) Rehabilitation Mortgage and, as disclosed above by the Seller, deteriorated lead-based paint was found and the Seller has not already completed stabilization and clearance. The Purchaser shall stabilize the deteriorated lead -based paint as part of its work plan for the property rehabilitation and shall obtain lead clearance before occupancy. Purchaser shall complete the 203(k) Rehabilitation Financing Lead Agreement form HUD-9548-G.

Purchaser Acknowledgement (initial applicable items)

_____ Purchaser has received pamphlet "Protect Your Family from Lead in Your Home."

____ Seller has provided, and Purchaser has received, copies of the records and reports available to the

Seller. A list of lead-related records and reports is attached.

____ Purchaser has received a 15-day opportunity to conduct a lead-based paint inspection or risk assessment for the presence of lead-based paint and. or lead-based paint hazards.

Page 3 of 3 Form HUD-9545-Y

Selling Broker Acknowledgements (initial)

_____ Selling Broker is aware of his/her responsibility to ensure compliance with 42 U.S.C. 4852d.

Certification of Accuracy

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

___________________________________________________ (Purchaser) _______________ , 20 __(date)

___________________________________________________ (Co-Purchaser) ____________ , 20 __(date)

___________________________________________________ (Selling Broker) ___________ , 20 __ (date)

___________________________________________________ (Seller) ________________ , 20 _ (date)

Property Disposition Program U.S. Department of Housing OMB Approval No. 2502-0306

(Expires 06/30/2023) LEAD-BASED PAINT DISCLOSURE and Urban Development

ADDENDUM TO SALES CONTRACT Office of Housing

Federal Housing Commissioner

SELLER HAS NO PERTINENT RECORDS

Page 1 of 3 Form HUD-9545-Z

(6/2019)

Public reporting burden for this collection of information is estimated to average 6 minutes each for the Purchaser and the Broker, 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.

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 required in order to administer the HUD Lead Disclosure Rule (24 CFR Part 35). If this information were not collected, HUD would not be able to administer the Property Disposition Sales

Program properly to avoid waste, mismanagement, and abuse. The information will be retained by the Department as part of the transaction record for a property disposition action. Failure to provide this information could affect your participation in the HUD Homes program.

Warning: Falsifying information on this or any other form of the Department is a felony. It is punishable by a fine not to exceed $250,000 and/or a prison sentence of not more than two years. Failure to adhere to the residency and resale requirements may result in administrative sanctions being taken against the purchaser.

Privacy Act Notice: The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the information requested in the form by virtue of Title 12, United States Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. While no assurance of confidentiality is pledged to respondents, HUD generally discloses this data only in response to a Freedom of Information Act request.

LEAD-BASED PAINT DISCLOSURE ADDENDUM

SELLER HAS NO RECORDS OR REPORTS PERTAINING TO LEAD-BASED PAINT AND/OR

LEAD-BASED PAINT HAZARDS

Property Case #:

Property Address:

Lead Warning Statement

Every Purchaser of any interest in residential real property on which a residential dwelling was built prior to

1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Purchaser with any information on lead -based paint hazards from risk assessments or inspections in HUD’s possession and notify the Purchaser of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.

Inspection Contingency

Seller has no records or reports pertaining to lead-based paint and/or lead-based paint hazards. The Purchaser has a contingency period that expires fifteen (15) calendar days from the date the contract is accepted by HUD to conduct at the Purchaser's expense, an independent lead-based paint inspection visual assessment for deteriorated paint or risk assessment. The Purchaser may withdraw from the contract by providing written notice of withdrawal on or before the contingency expiration date (as evidenced by the postmark on the

Purchaser's notice of withdrawal). The Purchaser will be entitled to a refund of earnest money only if the

Purchaser obtains an independent lead-based paint inspection or risk assessment performed by a Certified

Lead-Based Paint Inspector or Risk Assessor, and the Purchaser provides HUD with a copy of the inspection report.

Page 2 of 3 Form HUD-9545-Z

Financing Type (Selling Broker to initial applicable clause)

______ No FHA Financing of Property constructed Prior to 1978: The purchase of this property is not being financed with an FHA insured loan. The Purchaser has an inspection contingency that expires 15 days from the date of the Purchaser's signature below. The property is being sold as is with respect to all conditions including, subject to the above contingency, the potential presence of lead-based paint and/or lead-based paint hazards.

_____ Any FHA Financing Except 203(k): This property is being sold subject to FHA insured financing under any program other than a 203(k) Rehabilitation Mortgage. Upon contract execution HUD will procure a lead-based paint inspection and will deliver the inspection report to the Selling Broker by overnight delivery service along with a paint stabilization plan and cost estimate if deteriorated lead-based paint is found and a supplemental Lead-Based Paint Disclosure Addendum.

The Purchaser shall have the right to review the inspection report, paint stabilization plan and cost estimate.

If deteriorated lead-based paint was identified in the Report, HUD will only perform stabilization if the cost estimate is

$4000.00 or less. If the cost estimate is greater than $4000.00, HUD at its sole discretion may: (1) cancel the sales contract, or (2) allow the purchaser to amend the contract financing to FHA 203k or conventional. In the event that

HUD cancels the sale, the purchaser will be entitled to a 100% refund of earnest money.

If the cost estimate is $4000.00 or less and the Purchaser is dissatisfied with the information provided, the Purchaser may withdraw from the contract and receive a full refund of earnest money by providing written notification to HUD of the intention to withdraw. Written notification must be postmarked by the latest of fifteen (15) calendar days from the date the contract is accepted by HUD or two (2) business days following the date of the Purchaser’s signature on the supplemental Lead-Based Paint Disclosure Addendum.

If deteriorated lead-based paint was identified in the inspection Report and the Purchaser does not exercise its option to withdraw from the sales contract, HUD will stabilize the deteriorated lead-based paint in accordance with the stabilization plan and obtain lead clearance by the close of the escrow period or any extensions thereof.

_____ FHA 203(k) Financing: This property is being sold subject to a 203(k) Rehabilitation Mortgage. Upon contract execution HUD will procure a lead-based paint inspection and will deliver the Report to the Purchaser by overnight delivery service along with a lead-based paint stabilization plan if deteriorated lead-based paint is found and a supplemental Lead-Based Paint Disclosure Addendum.

The Purchaser shall have the right to review the inspection report, paint stabilization plan and cost estimate. If the Purchaser is dissatisfied with the information provided, the Purchaser may withdraw from the contract and receive a full refund of earnest money by providing written notification to the Seller of the intention to withdraw. Written notification must be postmarked by the latest of fifteen (15) calendar days from the date of the Purchaser's signature below, or two (2) business days following the date of the Purchaser's signature on the supplemental Lead-Based Paint Disclosure Addendum.

If deteriorated lead-based paint was identified in the Report and the Purchaser does not exercise its option to withdraw from the sale contract, the Purchaser shall stabilize the deteriorated lead -based paint as part of its work plan for the property rehabilitation and shall obtain lead clearance before occupancy. Purchaser shall complete the 203(k) Rehabilitation Financing Lead Agreement form HUD-9548-G.

Page 3 of 3 Form HUD-9545-Z

Purchaser Acknowledgement (initial)

______ Purchaser has received the EPA-approved pamphlet "Protect Your Family from Lead in Your Home."

_____ Purchaser has received a 15-day opportunity to conduct a inspection or risk assessment for the presence of lead-based paint and/or lead-based paint hazards.

Selling Broker Acknowledgement (initial)

______ Selling Broker is aware of his/her responsibility to ensure compliance with the 42 U.S.C. 4852d.

Certification of Accuracy

The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.

____________________________ (Purchaser) ____________ , 20 ____ (date)

____________________________ (Co-Purchaser) _________ , 20 ____ (date)

____________________________ (Selling Broker) _______ , 20 ____ (date)

____________________________ (Seller) _____________ , 20 ____ (date)

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