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(2) The loan will be guaranteed by the County of Hawai`i up to the assessed <br />value of the parcel to be connected and any improvements at the time of <br />the loan application; <br />(3) In the event that a guaranteed borrower fails to pay the required payment <br />on the loan within ninety days of the date upon which the payment is due, <br />the loan shall be considered in default and the designated bank shall <br />immediately notify the director of finance of the County of Hawai`i, as <br />well as the guaranteed borrower; <br />(4) In the event of a default of any guaranteed borrower, a designated <br />bank shall accept payment in full from the County of Hawai`i as full <br />satisfaction for the loan; [and] <br />(5) The loan amount shall be limited to hook up and cost for the reasonable <br />restoration of the parcel and improvements to the condition existing at the <br />time of the loan application plus loan fees and costs; and <br />(d) The director of finance shall inform the mayor and the County council of the <br />names of banks and financial institutions which are designated banks, and shall <br />provide them with copies of the agreement negotiated with the designated banks <br />and the contract which the designated banks will execute with guaranteed <br />borrowers. <br />SECTION 4. Chapter 21, Article 5, Section 21 -40 of the Hawai`i County Code 1983 <br />(2005 edition), is amended to read as follows: <br />Section 21 -40. Loan application. <br />(a) Any owner who is required to connect such owner's property to a sewer pursuant <br />to section 21 -5, and who has been rejected by any two banks or financial <br />institutions for any type of [a] loan to pay for the sewer connection, based on <br />insufficient ability to repay said loan, may apply to a designated bank for a sewer <br />connection loan which is guaranteed by the County of Hawai`i. Any application <br />for a guaranteed loan must be submitted to a designated bank no more than [€ems] <br />sixty calendar days after the date of the notification by the director requiring the <br />owner to connect to the sewer. <br />(b) All such timely applications for guaranteed loans shall be sent by any receiving <br />designated bank to the director of finance. Any owner whose application for a <br />sewer connection loan is referred to the director of finance by a designated bank <br />and is deemed to have a reasonable ability to repay the loan may participate in a <br />loan guaranteed by the County of Hawai`i and become a guaranteed borrower. As <br />conditions of participation, the applicant shall execute: <br />(1) A loan agreement with a designated bank, with the County of Hawai`i as <br />guarantor of the loan, providing that: <br />(A) The money will be paid by the bank directly to the contractor <br />performing the connection; and <br />(B) In the event the guaranteed borrower fails to pay the required <br />payment on the loan within ninety days of the date upon which <br />3 <br />