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BK: 3179 PG: 21 SHIP Note, Homeowner shall not benefit from any Appreciation Amount calculated at the time of such Contingent Event); IRCHFH's Interest under this Shared Appreciation Agreement does not include any interest which IRCHFH or its assignees may have as lenders under the Habitat Note. "Transfer": Any sale, lease, assignment or other transfer of the Property, or any interest therein. Transfer shall not mean any of the following, provided that the transferee is bound by and agrees in writing to be bound by the terms of this Agreement: • Transfer by gift, devise or inheritance to Homeowner's spouse or children; • Taking of title by a surviving joint tenant; Transfer of title to a current spouse pursuant to divorce or dissolution proceedings; • Acquisition of title or interest therein through marriage; • Leasing, renting, assigning or otherwise transferring right of possession of the Property in accordance with Section 5 below; and/or • Transfers specifically approved in writing by IRCHFH, which approval may be withheld in IRCHFH's sole discretion. "Contingent Event": The death or legal incapacity of Homeowner or abandonment of the Property by Homeowner, or any foreclosure on the Habitat Note, the Second Habitat Note, or the SHIP Note (or deed in lieu of foreclosure or other similar assignment). "Legal Incapacity" shall occur upon any court order or equivalent legal determination, whether voluntary or involuntary, declaring a status of legal incapacity. The death or legal incapacity of Homeowner shall not be considered a Contingent Event if the Property will be transferred by will or succession to any children of Homeowner, or a guardian, trustee or similar arrangement for the benefit of Homeowner or any children of Homeowner. Abandonment of the Property shall be deemed to occur upon a finding by IRCHFH that Homeowner has, for a continuous period of not less than ninety (90) days, ceased occupation of the Property as Homeowner's primary residence, provided that IRCHFH has given notice to Homeowner not less than thirty (30) days prior to a determination that the Property has been abandoned. AGREEMENTS 1. IRCHFH Interest. In consideration of IRCHFH selling the Property to Homeowner at less than its Initial Fair Market Value and financing the Purchase Price with a no -interest loan, IRCHFH shall maintain a contingent financial interest in the Property equal to the IRCHFH Interest defined above. Such interest shall only mature into an ownership interest in the event of a Transfer, a Contingent Event, or a default by Homeowner under this Agreement or the IRCHFH Note. Page 3 of 9