For the purposes of this chapter: (a) âActual contingent interestâ means the lenderâs appreciation share of the net appreciated amount. In no event, however, shall the rate of appreciation upon which actual contingent interest is calculated at the end of the loan term exceed 2 1 2 times the rate at which projected contingent interest had been calculated. (b) âActual life expectancyâ shall be calculated based upon actuarial tables for women only, regardless of the sex of the borrower, and acceptable to both the state and the insurance industry. (c) âAnnuity base amountâ means the projected loan amount less (1) the initial advance and (2) the projected contingent interest based on the reasonable appreciation rate used in calculating the projected loan amount. (d) âBorrowerâ means the recipient or recipients of a shared appreciation loan for seniors who is obligated by execution of a promissory note and who is at least 65 years of age. (e) âBorrowerâs life expectancyâ means the actual life expectancy of the borrower plus no more than five years. In the case of a loan executed by two borrowers, the actual life expectancy shall be based upon the youngest of the two. (f) âCessation of occupancyâ means the rental to a third party of the right of exclusive occupancy of the subject property, or the abandonment by all coborrowers of the property as his or her residence. (g) âLenderâ means any corporation organized as a public benefit corporation pursuant to the Nonprofit Corporation Law (Part 2 (commencing with Section 5110), Div. 2, Title 1, Corp. C.). (h) âLenderâs appreciation shareâ means a proportion not to exceed 25 percent of the appreciation of the property securing the loan calculated in accordance with this chapter. (i) âShared appreciation loan for seniorsâ means any loan made pursuant to this chapter upon the security of owner-occupied real property of a type specified in Section 1917.330, and in connection with which the lender has a right to receive a share of the appreciation in the value of the security property. âShared appreciation loanâ includes a deed of trust and any evidence of debt issued in connection with the loan. (j) âMaturity eventâ means the earliest of any of the following: (1) The death of the borrower. In the case of a married couple who are coborrowers, the death of the surviving spouse. (2) The date of sale. (3) The date a loan made pursuant to this chapter is refinanced or repaid in full. (4) Cessation of occupancy. (k) âMonthly annuityâ means an amount paid in equal monthly installments to the borrower which, together with interest calculated at the stated rate, shall exhaust the annuity base amount during the borrowerâs life expectancy. In the event that the calculated monthly annuity exceeds the cap or ceiling determined in accordance with this subdivision, the lender may limit the actual monthly annuity payment to an amount not lower than the cap. If the cap is imposed, the lenderâs appreciation share shall be limited to 25 percent times the ratio between the actual capped monthly payment and the monthly payment calculated in accordance with the first sentence of this subdivision. For example, if the monthly payment calculated in the first sentence is five thousand dollars ($5,000), but the lender applies a two thousand five hundred dollar ($2,500) ceiling, the lenderâs share of the homeâs appreciation shall be likewise reduced by 50 percent. The minimum cap shall be two thousand five hundred dollars ($2,500) for loans made during the calendar year 1989. In subsequent calendar years, the minimum cap shall be two thousand five hundred dollars ($2,500) increased to reflect the proportional increase in the Consumer Price Index for the State of California, as determined by the United States Bureau of Labor Statistics, for the period from January 1, 1989, until the November monthly index figure for the year prior to the year in which the loan
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