§ 1303.49 Protection of federal interest in mortgage agreements.

(a) Any mortgage agreement or other security instrument that is secured by real property or a modular unit constructed or purchased in whole or in part with federal funds or subject to renovation with federal funds must: (1) Specify that the responsible HHS official can intervene in case the grant recipient defaults on, terminates or withdraws from the agreement; (2) Designate the responsible HHS official to receive a copy of any notice of default given to the grant recipient under the terms of the agreement and include the regional grants management officer's current address; (3) Include a clause that requires any action to foreclose the mortgage agreement or security agreement be suspended for 60 days after the responsible HHS official receives the default notice to allow the responsible HHS official reasonable time to respond; (4) Include a clause that preserves the notice of federal interest and the grant recipient's obligation for its federal share if the responsible HHS official fails to respond to any notice of default provided under this section; (5) Include a statement that requires the responsible HHS official to be paid the federal interest before foreclosure proceeds are paid to the lender, unless the official's rights under the notice of federal interest have been subordinated by a written agreement in conformance with § 1303.51; (6) Include a clause that gives the responsible HHS official the right to cure any default under the agreement within the designated period to cure the default; and, (7) Include a clause that gives the responsible HHS official the right to assign or transfer the agreement to another interim or permanent grant recipient. (b) A grant recipient must immediately notify the responsible HHS official of any default under an agreement described in paragraph (a) of this section.