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RRE00XXXXX_GAA Version 7.0: November 2014 Page 1 of 14 STATE OF NEW JERSEY, DEPARTMENT OF COMMUNITY AFFAIRS HOMEOWNER GRANT AGREEMENT RECONSTRUCTION, REHABILITATION, ELEVATION AND MITIGATION (RREM) PROGRAM THIS AGREEMENT is made by and between the STATE OF NEW JERSEY, DEPARTMENT OF COMMUNITY AFFAIRS, having offices at 101 South Broad Street, Trenton, NJ 08625- 0800, hereinafter “STATE” or “DCA,” and HOMEOWNER, as identified in Exhibit 1, residing at residence as identified in Exhibit 1, hereinafter “HOMEOWNER.” WHEREAS, through the Disaster Relief Appropriations Act of 2013, Public Law 113-2, the United States Congress appropriated funds to the U.S. Department of Housing and Urban Development (“HUD”) through its Community Development Block GrantDisaster Recovery Program (“CDBG-DR Program”) to assist the State of New Jersey and other states impacted by Superstorm Sandy; and WHEREAS, in accordance with the laws and regulations governing the CDBG-DR Program, STATE has submitted an Action Plan to HUD, which Action Plan approved by HUD on April 29, 2013; and WHEREAS, the STATE has created the Reconstruction, Rehabilitation, Elevation and Mitigation (RREM) Program to assist certain homeowners in financing the reconstruction, rehabilitation, elevation and/or mitigation work allowed by the RREM Program required to make their homes livable and to comply with occupancy and elevation requirements for structures located in flood plains; and WHEREAS, the RREM Program provides grants of CDBG-DR Program funds to eligible homeowners in amounts up to $150,000 to help pay for eligible costs of RREM work in excess of resources currently or hereafter received or available to the HOMEOWNER including but not limited to, insurance proceeds, FEMA assistance, SBA assistance, and non-profit corporations or associations assistance (the latter are considered duplicative benefits under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (42 U.S.C. 5155)); NOW THEREFORE, IN CONSIDERATION OF THE PROMISES, COVENANTS AND AGREEMENTS SET FORTH HEREIN, THE STATE AND HOMEOWNER AGREE AS FOLLOWS: 1. RREM GRANT: The STATE agrees to provide a grant in an amount up to the maximum specified in Exhibit 1, for the benefit of the HOMEOWNER which shall be used for the sole purposes of reconstruction, rehabilitation, elevation and/or mitigation of the property located at address as noted in Exhibit 1 (hereinafter “PROPERTY”).

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RRE00XXXXX_GAA Version 7.0: November 2014

Page 1 of 14

STATE OF NEW JERSEY, DEPARTMENT OF COMMUNITY AFFAIRS

HOMEOWNER GRANT AGREEMENT

RECONSTRUCTION, REHABILITATION, ELEVATION

AND MITIGATION (RREM) PROGRAM

THIS AGREEMENT is made by and between the STATE OF NEW JERSEY, DEPARTMENT

OF COMMUNITY AFFAIRS, having offices at 101 South Broad Street, Trenton, NJ 08625-

0800, hereinafter “STATE” or “DCA,” and HOMEOWNER, as identified in Exhibit 1, residing

at residence as identified in Exhibit 1, hereinafter “HOMEOWNER.”

WHEREAS, through the Disaster Relief Appropriations Act of 2013, Public Law 113-2, the

United States Congress appropriated funds to the U.S. Department of Housing and Urban

Development (“HUD”) through its Community Development Block Grant–Disaster Recovery

Program (“CDBG-DR Program”) to assist the State of New Jersey and other states impacted by

Superstorm Sandy; and

WHEREAS, in accordance with the laws and regulations governing the CDBG-DR Program,

STATE has submitted an Action Plan to HUD, which Action Plan approved by HUD on April

29, 2013; and

WHEREAS, the STATE has created the Reconstruction, Rehabilitation, Elevation and

Mitigation (“RREM”) Program to assist certain homeowners in financing the reconstruction,

rehabilitation, elevation and/or mitigation work allowed by the RREM Program required to make

their homes livable and to comply with occupancy and elevation requirements for structures

located in flood plains; and

WHEREAS, the RREM Program provides grants of CDBG-DR Program funds to eligible

homeowners in amounts up to $150,000 to help pay for eligible costs of RREM work in excess

of resources currently or hereafter received or available to the HOMEOWNER including but not

limited to, insurance proceeds, FEMA assistance, SBA assistance, and non-profit corporations or

associations assistance (the latter are considered duplicative benefits under the Robert T. Stafford

Disaster Relief and Emergency Assistance Act, (42 U.S.C. 5155));

NOW THEREFORE, IN CONSIDERATION OF THE PROMISES, COVENANTS AND

AGREEMENTS SET FORTH HEREIN, THE STATE AND HOMEOWNER AGREE AS

FOLLOWS:

1. RREM GRANT: The STATE agrees to provide a grant in an amount up to the

maximum specified in Exhibit 1, for the benefit of the HOMEOWNER which shall be used for

the sole purposes of reconstruction, rehabilitation, elevation and/or mitigation of the property

located at address as noted in Exhibit 1 (hereinafter “PROPERTY”).

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2. DUPLICATION OF BENEFITS: The RREM Program policies and

procedures require that the HOMEOWNER cannot receive more funds than needed for the

RREM work on the PROPERTY. A duplication of benefits analysis has been performed to

account for all of the funds the HOMEOWNER received for RREM work on the PROPERTY

including, but not limited to insurance, FEMA and SBA assistance, and any assistance from

other sources (i.e. non-profit corporations and associations, etc.). The HOMEOWNER has

reviewed and accepts the duplication of benefits analysis and understands the grant award

amount reflects adjustments made as a result of that analysis. The duplication of benefits

analysis and grant award calculation is attached as Exhibit 1. The HOMEOWNER understands

and agrees that the amount of the award shown in Exhibit 1 is subject to change upon completion

of construction based upon the actual cost of the work incurred on the PROPERTY and any

changes in the funds the HOMEOWNER may have received from other sources after the date

the original duplication of benefits calculation was completed. In the event the HOMEOWNER

receives or is scheduled to receive funds related to damage to the PROPERTY not listed in

Exhibit 1, the HOMEOWNER shall immediately notify the STATE directly and the STATE

shall determine the amount, if any, to be considered subsequent duplication of benefits.

3. HOMEOWNER(S)’ REPRESENTATIONS: The HOMEOWNER hereby

affirmatively certifies to the following material representations which have been relied upon by

the STATE as essential to its determination of the eligibility of the HOMEOWNER to receive

the grant funds:

A) HOMEOWNER currently owns the PROPERTY and at the time of Superstorm Sandy

(October 29, 2012), owned and occupied the PROPERTY as his/her primary residence;

B) HOMEOWNER has timely registered for FEMA assistance and has provided the resulting

FEMA identification information;

C) HOMEOWNER has truthfully, satisfactorily and adequately provided to the STATE in

support of his/her application to receive grant funds all necessary information and

documentation, including the amounts and sources of any insurance, FEMA assistance, SBA

assistance, or other funds for the rehabilitation, reconstruction, elevation and mitigation of the

PROPERTY;

D) HOMEOWNER certifies that the PROPERTY sustained damage as a result of Superstorm

Sandy;

E) HOMEOWNER certifies that the HOMEOWNER will occupy the PROPERTY as his/her

primary residence upon completion of the scope of work;

F) HOMEOWNER certifies that all new construction and substantial improvements to the

PROPERTY will be elevated to one foot above base flood elevation, or higher according to local

ordinance, whichever is more restrictive (“Elevation Standards”), within one (1) year from the

date of the grant award, as applicable, unless granted an extension by the STATE, in writing;

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G) HOMEOWNER certifies that the adjusted gross annual income of all members of the

household, as defined by HUD, at the PROPERTY is less than $250,000; and

H) HOMEOWNER agrees that he/she has not received any prior federal disaster funds

conditioned on obtaining flood insurance or, if he/she has received prior federal disaster funds

conditioned on obtaining flood insurance, the HOMEOWNER has maintained the requisite flood

insurance.

The HOMEOWNER agrees and attests to the fact that if any of the representations made by the

HOMEOWNER under this paragraph are intentionally or willfully false or fraudulent, the

STATE may immediately declare the HOMEOWNER in default of this Grant Agreement,

allowing for the remedies as provided for in paragraph fifteen (15).

4. RREM GRANT PROJECT PROCESS AND PROCEDURES: HOMEOWNER

agrees to the scope of work (Total Development Cost, as noted in Exhibit 1) as prepared by a

RREM program manager (“Program Manager”), and that the grant funds may be disbursed

through reimbursement for costs of eligible work incurred prior to date of application, or as

construction payments for work that shall be performed by an engaged, validated as licensed, and

not debarred contractor of the HOMEOWNER, as eligible and acceptable under the RREM

Program.

All grant payments will be made to the HOMEOWNER upon verification by the STATE that the

construction costs are necessary and reasonable. The HOMEOWNER must complete the

PROPERTY to occupancy as evidenced by a certificate of occupancy and must satisfy the

requisite requirements agreed to for compliance with Elevation Standards, within one (1) year

from the grant award date, unless granted an extension by the STATE in writing. The

HOMEOWNER understands that the STATE will file a covenant/deed restriction to run with the

land to secure the use of these funds to meet program requirements of occupancy and elevation.

The covenant/deed restriction will not be released until the STATE has confirmed that all

completed work and RREM Program requirements are satisfied.

5. RREM FUNDING PROCESS AND PROCEDURES: The HOMEOWNER agrees as

follows:

A) The HOMEOWNER will provide sufficient funds above and beyond the grant amount

specified in Exhibit 1, if required to complete the construction in accordance with the RREM

Program requirements.

B) The HOMEOWNER shall receive grant fund disbursements directly, including for

reimbursement of construction costs for work incurred prior to application and construction costs

for work to be completed by an engaged, validated as licensed, and not debarred contractor

selected by the HOMEOWNER, including construction advance payment as approved, in

accordance with the RREM Program policies and procedures.

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6. NO ASSIGNMENT: The HOMEOWNER shall not assign his/her obligations or

interest under this Grant Agreement.

7. DEFERRAL OF EXERCISE OF STATE’S RIGHTS. No delay or omission by the

STATE to exercise any right or power shall impair the STATE any such right or power or shall be

construed to be a waiver thereof, but any such right and power may be exercised from time to

time and as often as may be deemed expedient by the STATE.

8. GOVERNING LAW AND JURISDICTION: The rights and obligations of the parties,

and the terms and conditions of this Grant Agreement shall be governed by the laws of the State

of New Jersey. The HOMEOWNER hereby consent(s) to the jurisdiction of the Superior Court

of New Jersey and agree(s) that any lawsuits of any nature pertaining to this Grant Agreement

shall be brought in that Court only.

9. AMENDMENTS MUST BE IN WRITING: This Grant Agreement, together with the

attachments referred to in this Grant Agreement, constitute the entire agreement between the

STATE and the HOMEOWNER and supersedes all prior agreements, representations and/or

understandings, oral or written. The terms and conditions of this Grant Agreement may only be

amended by written agreement signed by the STATE and the HOMEOWNER.

10. RISK OF LOSS: The HOMEOWNER agrees to insure the PROPERTY with insurance

companies licensed to do business in New Jersey in such a manner and against such loss, damage

and liability to third parties, including complying with the flood insurance requirement set forth

in Exhibit 2 to this Grant Agreement.

11. OTHER DOCUMENTATION REQUIREMENTS: The HOMEOWNER agrees to

execute any and all other documentations, including but not limited to the Certification of

Construction Requirements, when applicable and required by the STATE to process the grant

funds.

12. COOPERATION BY HOMEOWNER: The HOMEOWNER shall act in good faith

and use his/her best efforts to cooperate with the program administrators and to timely respond to

requests or provide required documents, approvals, and inspections, as necessary. Any such

request or approval sought by the program administrators shall not be unreasonably withheld by

the HOMEOWNER.

13. AVAILABILITY OF FUNDS: The HOMEOWNER hereto recognizes and agrees that

funding of the grant awarded under this Grant Agreement by the STATE is expressly dependent

upon the availability of CDBG-DR funds from HUD for the RREM Program. Neither DCA, nor

the State of New Jersey shall be held liable for the failure to provide funding for the grant

awarded hereunder because of the absence of CDBG-DR funding from HUD for the RREM

Program.

14. DEFAULT: Any one or more of the following events shall constitute an event of default

under this Grant Agreement (an "Event of Default"):

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a) failure to perform any covenant or promise under this Grant Agreement, or

making any representation or warranty in this Grant Agreement, or in the

application for the grant, or in any report, certificate, financial statement or

other instrument furnished in connection with the PROPERTY, which is

false or misleading in any material respect;

b) seizure or foreclosure of the PROPERTY or assets of the HOMEOWNER

pursuant to process of law or by respect of legal self-help, unless said

seizure or foreclosure is stayed or bonded within thirty (30) days after the

occurrence of same; or

c) if any Event of Default, as defined hereunder, has occurred and remains

uncured under any other agreement entered into between the STATE and

the HOMEOWNER.

15. REMEDIES UPON DEFAULT: Upon the existence of any Event of Default, the

STATE, after giving notice and reasonable opportunity to cure the default may, in its sole

discretion, do any of the following, alone or in combination:

ii) terminate this Grant Agreement;

iii) withhold grant funds not yet paid at the time of the default during such

time as an Event or Events of Default remain uncured;

iv) file an action at law against the HOMEOWNER to obtain a judgment

against the HOMEOWNER to recover the full amount of all grant funds

paid; or

v) pursue any other remedies against the HOMEOWNER including any civil

and criminal remedies allowed by law.

The STATE’S rights under this paragraph shall survive termination of the Grant Agreement.

Failure to insist on the prompt performance by you of your obligations pursuant to this Grant

Agreement is not a waiver by the STATE of any of its rights hereunder.

16. INDEMNIFICATION: The HOMEOWNER shall assume all risk of and responsibility

for any and all claims, demands, suits, actions, recoveries, judgments and expenses and costs and

expenses in connection therewith for any and all damages sustained by reason of property loss,

personal injury or any other losses which shall arise from or result directly or indirectly in regard

to this Grant Agreement. The HOMEOWNER agrees to indemnify and hold harmless the

STATE and their respective members, agents, officers, employees and servants from all losses,

claims, damages, liabilities, and costs whatsoever (including all costs, expenses and reasonable

counsel fees incurred in investigating and defending such losses and claims, etc.), brought by any

person or entity, and caused by, related to, arising or purportedly arising out of, or from the

PROPERTY. The provisions of this paragraph sixteen (16) shall survive the expiration or earlier

termination of this Grant Agreement.

17. LEGAL ACTION: In the event that a lawsuit or other action of any kind is instituted by

or on behalf of the STATE against the HOMEOWNER related to this Grant Agreement, the

HOMEOWNER agrees to pay such additional sums as a court may adjudge for reasonable

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attorney fees and to pay all costs and other fees incurred by or on behalf of the STATE for this

lawsuit or other action.

18. COMPLY WITH ALL LAWS: The HOMEOWNER will comply with all Federal,

State, County and municipal laws, rules and regulations applicable to the project, whether or not

cited in this Grant Agreement

19. MISCELLANEOUS:

(i) Notices. All notices, requests, repayments and other communications shall be in

writing and shall be deemed duly given when personally delivered, or sent by United

States mail, registered or certified, return receipt requested, postage prepaid, to the

addresses set forth hereunder

DCA:

Director, Sandy Recovery Division

101 South Broad Street

PO Box 823

Trenton, NJ 08625-0823

HOMEOWNER:

{Mailing Address per Exhibit 1}

(ii) The rights and remedies of the DCA under this Agreement shall be subject to the

New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et seq., and the New Jersey

Contractual Liability Act, N.J.S.A. 59:13-1 et seq., the provisions of which are

incorporated herein by reference.

(iii) Incorporating Exhibits 1-4

RRE00XXXXX_GAA Version 7.0: November 2014

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IN WITNESS WHEREOF and intending to be legally bound, the HOMEOWNER and the

STATE signed this document as of the date reported.

HOMEOWNER

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing

statements made by me are willfully false, I am subject to punishment.

By: _____________________________ DATE: ___________________________

(Applicant Signature)

NAME: _________________________

(Print)

By: _____________________________ DATE: ___________________________

(Co-Applicant Signature)

NAME: _________________________

(Print)

NOTARY:

__________________________________ DATE___________________________

STATE OF NEW JERSEY, DEPARTMENT OF COMMUNITY AFFAIRS

By: _______________________________ DATE___________________________

(Representative Signature)

NAME: ___________________________

(Print)

RRE00XXXXX_GAC Version 7.0: November 2014

Page 8 of 14

EXHIBIT 1

HOMEOWNER AWARD CALCULATION

Applicant Name: Application ID

Number:

Co-Applicant Name:

Applicant Phone #:

Applicant Mailing

Address:

Address of Damaged

Residence:

(Include Lot & Block #)

FEMA Registration

ID:

Household Income: LMI: YES ☐ NO

STEP I. AWARD CALCULATION

1. TOTAL DEVELOPMENT COST

1a. Total Completed Repairs (from RREM Work-in-Place Report- WIP $

1b. Reconstruction Cost $

1c. Demolition Cost $

1d. Cost to Complete (from RREM ECR Report) $

1e. Elevation Cost $

1g. TOTAL DEVELOPMENT COST [sum of 1a through 1e] $

2. DOB: FUNDS AVAILABLE FROM OTHER SOURCES CONSIDERED A DUPLICATION OF BENEFITS

2a. FEMA $

2b. SBA Loan $

2c. Homeowner Insurance $

2d. National Flood Insurance Program $

2e. ICC $

2f. Private non-profit sources $

2g. Other (NOT personal) funds $

2h. TOTAL FUNDS AVAILABLE FROM OTHER SOURCES (sum 2a through 2g) $

3. AWARD CALCULATION

3a. Maximum Award (Total Development Cost minus other sources (1f-2h)) $

3b. Program Cap $ 150,000.00

3c. GRANT AWARD (Lesser of 3a or 3b) $

STEP II. GRANT DISBURSEMENT CALCULATION

4. Calculations

4a. Maximum eligible repairs (less of eligible WIP or Owner reported work pre-application) $

4b. Ineligible repairs (1a-4a) $

4c. Grant Award (from line 3c) $

4d. Reimbursement Award (lesser of 4a or (4c less retainage) or applicant requested $

RRE00XXXXX_GAC Version 7.0: November 2014

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reimbursement amount)

4e. Remaining Construction Award (4c-4d-4f) $

4f. Retainage (Lesser of 10% of Grant Award or Total ECR) $

STEP III: Estimated Homeowner Funds to Complete Construction

5. Only an Estimate

5a. Cost to Complete [(1b + 1c) or (1d + 1e)] $

5b. Remaining Construction Award + Retainage (4e + 4f) $

5c. Estimated Additional Funds Required from Owner (5a minus 5b) $

Step IV: DESIGN SERVICES

6. Amount Allocated for Design

6a. Grant Award Amount (from line 3c) $

6b. Design Services Allowance (maximum allowance; to be paid from actual bills and invoices) $

6c. Total Grant Funds Obligated [Lesser of (6a+6b) or (6a+$15,000)] $

Unmet Need: Maximum Award (3a)- Grant Award (3c): $

I certify that to the best of my knowledge the information contained in this document is correct:

Applicant Signature: Date:

____________________________________ ____________________________

____________________________________

NAME (Print)

Co-Applicant Signature: Date:

____________________________________ ____________________________

____________________________________

NAME (Print)

Housing Advisor Signature: Date:

____________________________________ _____________________________

____________________________________

NAME (Print)

RRE00XXXXX_GAA Version 7.0: November 2014

Page 10 of 14

EXHIBIT 2

FLOOD INSURANCE REQUIREMENT

By accepting this grant award, you are a recipient of Federal grant funds. As long as your

property is located within a Special Flood Hazard Area, you are required, by Federal law, to

maintain flood insurance for the life of the structure in an amount equal to the project cost or to

the maximum limit of coverage made available with respect to the particular property, whichever

is less.

Flood insurance coverage on the property must be maintained during construction and

throughout the life of the property regardless of transfer of ownership of the property. Owners

may decide to record this requirement to ensure that future purchasers of the property are

notified of this requirement in perpetuity (recommended language is provided below).

Notification to future owners of this requirement is the responsibility of the HOMEOWNER.

Should the HOMEOWNER not maintain Flood Insurance, the HOMEOWNER will not be

eligible for Federal Assistance in a future disaster. Should the HOMEOWNER not notify a

subsequent owner of the requirement to maintain Flood Insurance on the property and a future

disaster occurs, the Federal Government may seek repayment of the full grant award from the

HOMEOWNER.

RECEIVED AND ACKNOWLEDGED:

___________________________ __________________________________

APPLICANT SIGNATURE NAME (Print)

_______________________

DATE

___________________________ __________________________________

CO-APPLICANT SIGNATURE NAME (Print)

_______________________

DATE

Recommended language which may be recorded in the County Records

This property has received Federal rebuilding assistance in the form of HUD CDBG-DR funds.

Federal law requires that flood insurance coverage on this property must be maintained during

the life of the property regardless of transfer of ownership of such property. Pursuant to 42

U.S.C. 5154a, failure to maintain flood insurance on this property may prohibit the owner from

receiving Federal disaster assistance with respect to this property in the event of a flood

disaster. The Property Owner is also required to maintain this property in accordance with the

floodplain management criteria of 44 CFR Part 60.3 and any applicable municipal ordinances.

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EXHIBIT 3

SUPERSTORM SANDY RECOVERY

SUBROGATION AND ASSIGNMENT AGREEMENT

This Subrogation and Assignment Agreement (hereinafter the "Agreement") is made by and

between STATE OF NEW JERSEY, DEPARTMENT OF COMMUNITY AFFAIRS, having

offices at 101 South Broad Street, Trenton, NJ 08625-0800, hereinafter “STATE” and the

HOMEOWNER as noted in Exhibit 1 residing at the address noted in Exhibit 1, hereinafter

“HOMEOWNER”.

In consideration of HOMEOWNER’S receipt of funds or the commitment by the State to

provide funds (collectively, “RREM grant proceeds”) under the Community Development Block

Grant Disaster Recovery Program (CDBG-DR Program), administered by the STATE,

HOMEOWNER hereby assigns to the STATE all of HOMEOWNER's future rights to

reimbursement and any and all payments received from any grant, subsidized loan, or insurance

policy of any type or coverage, including but not limited to, any reimbursement or relief program

related to or administered by the Federal Emergency Management Agency ("FEMA") or the

Small Business Administration ("SBA") or Increased Cost Compliance “ICC” (singularly, a

"Disaster Program" and collectively, the "Disaster Programs") where those funds or

reimbursements would have been the basis for the calculation of HOMEOWNER 's award under

the Grant Agreement executed between the State and the HOMEOWNER under the

Reconstruction, Rehabilitation, Elevation and Mitigation Program (the “RREM Program”) and

that are determined in the sole discretion of the CDBG-DR Program to be a duplication of

benefits ("DOB") as provided in this Agreement.

When the HOMEOWNER first becomes aware of any such payment or reimbursement,

whether they arise from insurance, FEMA, the SBA, ICC or any other funding source, he/she

shall immediately notify and, if required, forward the proceeds of this payment and/or

reimbursement to the STATE, which will determine in its sole discretion if such a payment or

reimbursement constitutes a DOB. If some or all of the Proceeds are determined to be a DOB,

that portion shall be paid to or retained by the STATE as provided in this Agreement.

The HOMEOWNER agrees to assist and cooperate with the STATE if it elects to pursue

any of the claims HOMEOWNER has against insurers for reimbursement of DOB Proceeds

under any such policies. The HOMEOWNER’s assistance and cooperation shall include but

shall not be limited to: allowing suit to be brought in the name of or on behalf of the

HOMEOWNER and providing any additional documentation with respect to such consent,

allowing for his/her deposition(s), providing documents, producing records and other evidence,

testifying at trial and any other form of assistance and cooperation reasonably requested by the

STATE. The HOMEOWNER further agrees to assist and cooperate with the STATE receiving

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and/or seeking to collect any DOB Proceeds that the HOMEOWNER would be entitled to under

any applicable Disaster Program.

The HOMEOWNER agrees to execute any additional documents and instruments as may

be requested by the STATE to further and better assign the HOMEOWNERS rights to the

STATE, and to take, or cause to be taken, all actions and to do, or cause to be done, all things

requested by the STATE to consummate and make effective the purposes of this Agreement.

The HOMEOWNER explicitly agrees to allow the STATE to request from any company

with which HOMEOWNER held insurance policies, or other entity to which the

HOMEOWNER applied for or is receiving funds related to damage to the HOMEOWNER’S

PROPERTY, including but not limited to, FEMA, the SBA or any other entity, any of the

following information or documents: public or confidential information or documents

determined to be reasonably necessary by the STATE to monitor/enforce its interest in the rights

assigned to it under this Agreement and the Grant Agreement. The HOMEOWNER further

agrees to provide written consent to the STATE for such company or entity to release such

information to the STATE.

If HOMEOWNER hereafter receives any DOB Proceeds in excess of the specific amount

listed on the Exhibit 1, and if the HOMEOWNER’S RREM grant award would have been less if

these DOB proceeds had been taken into account at the time of the Exhibit 1 calculation, the

HOMEOWNER hereby agrees to immediately reimburse such amount to the STATE, if required

by the STATE.

In the event that the HOMEOWNER receives or is scheduled to receive any funds related

to damage to the HOMEOWNER’S Property not listed on its Exhibit 1 ("Subsequent Proceeds"),

the HOMEOWNER shall immediately notify the STATE of such Subsequent Proceeds directly

and the STATE shall determine the amount, if any, that such Subsequent Proceeds are to be

considered “Subsequent DOB Proceeds.”

Subsequent DOB Proceeds shall be disbursed as follows:

1. If the HOMEOWNER has received full payment of the RREM grant proceeds, any

Subsequent DOB Proceeds shall be retained by, or paid to, the STATE.

2. If the HOMEOWNER has received no payment of the RREM grant proceeds, any

Subsequent DOB Proceeds shall be used by the STATE to reduce payments of the

Grant Proceeds to the HOMEOWNER and all Subsequent DOB Proceeds shall be

returned to the HOMEOWNER.

3. If the HOMEOWNER has received a portion of the RREM grant proceeds, any

Subsequent DOB Proceeds shall be used, retained and/or disbursed in the following

order: (A) Subsequent DOB Proceeds shall first be used to reduce the remaining

payments of the Grant, and Subsequent DOB Proceeds in such amount shall be

RRE00XXXXX_GAA Version 7.0: November 2014

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returned to the HOMEOWNER and (B) any remaining Subsequent DOB Proceeds

shall be retained by the STATE.

4. If the STATE makes the determination that the HOMEOWNER does not qualify to

participate in the RREM Program or the HOMEOWNER determines not to

participate in the Program, the Subsequent DOB Proceeds shall be returned to the

HOMEOWNER and this Agreement shall terminate.

Once the STATE has recovered an amount equal to the grant paid to or on behalf of the

HOMEOWNER, the STATE will reassign to HOMEOWNER any rights assigned to the STATE

pursuant to this Agreement.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing

statements made by me are willfully false, I am subject to punishment.

APPLICANT:

___________________________________

Signature

_______________________________

Name (Print)

Date: ___________________________

CO-APPLICANT:

___________________________________

Signature

_______________________________

Name (Print)

Date: ___________________________

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EXHIBIT 4

SUFFICIENT FUNDS ACKNOWLEDGMENT

In connection with my application to the RREM Program, I (the Homeowner), attest that, to the best of my

knowledge and my belief, as follows:

Applicant

Initial Acknowledgments

I am aware that the estimated total cost to complete construction for reconstructing or rehabilitating the damaged property is <<$_____________>>

I am aware that I have received a grant award in the amount of <<$___________>> from the RREM Program.

I certify that I will provide sufficient funds above and beyond the aforementioned grant award to pay for any and all construction costs required to complete my project under the RREM Program.

I understand that I am required to complete construction, including all applicable

elevation requirements, within one (1) year from the date of grant award.

I understand that failure to meet the construction timeline may require the repayment of

my grant award, in accordance with this Grant Agreement and the RREM Program

policies and procedures.

I certify that the foregoing statements are true. I am aware that by knowingly and willingly making false or

fraudulent statements, I am subject to appropriate civil or criminal penalties allowed by law, including but not

limited to, the DCA and/or the State of New Jersey bringing action to recover all or a portion of the amount of HUD

funds received under this agreement.

___________________________ __________________________________

APPLICANT SIGNATURE NAME (Print)

_______________________

DATE

___________________________ __________________________________

CO-APPLICANT SIGNATURE NAME (Print)

_______________________

DATE