HAR §15-317-17
HAR §15-317-17. Restrictions on the eligible borrower
Length: 298 wordsOfficial source
Cite as Haw. Code R. § 15-317-17
An
eligible borrower receiving a loan under this chapter shall be
subject to the conditions prescribed in section 201H-163, HRS.
(1) The eligible borrower shall expend no portion of the
317-8
borrower's downpayment loan for purposes other
than to:
(A) Make a downpayment for the purchase of a
residential property; and/or
(B) Pay for closing costs, prepaids, and reserves
in connection with the purchase of the
residential property for which the downpayment
loan is provided;
(2) The residential property purchased with the
downpayment loan and mortgaged to the corporation
to secure the repayment of the loan shall not be
sold or assigned without the prior approval in
writing of the corporation and the first mortgage
lender;
(3)
The eligible borrower shall pay when due all taxes,
liens, judgments, or assessments that may be
lawfully levied against the residential property
and all costs and expenses of any foreclosure of
the mortgage made to the State;
(4)
The eligible borrower shall maintain fire and casualty
insurance in amounts equal to the replacement
value of all improvements and insurable portions
of the residential property with an insurance
company authorized to do business in the State.
All proceeds of that insurance shall be made
payable to the first mortgage lender and the
corporation as their respective interests may
appear at the time of any loss or damage.
Subject to the policy of the corporation, in the
event of any loss or damage to the improvements
or property covered by the insurance, the
proceeds receivable by the State shall be applied
toward the reconstruction of the improvements or
property destroyed or damaged, unless otherwise
determined by the corporation on behalf of the
State; and
(5) The eligible borrower shall maintain the improvements
in good repair. [Eff
] (Auth:
HRS §§201H-4, 201H-161)(Imp: HRS §201H-163)