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principal amount of up to ONE MILLION FIVE HUNDRED THOUSAND DOLLARS <br />($1,500,000.00) (the "City/HOME Loan") for the Construction of the Project. <br />5.1.2 City/HOME Note and Deed of Trust. The City/HOME Loan shall be <br />evidenced by the City/HOME Loan Note in substantially the form attached hereto as Exhibit C. The <br />City/HOME Loan shall be secured by the City/HOME Loan Deed of Trust in substantially the form <br />attached hereto as Exhibit B. The City/HOME Loan Deed of Trust shall be a deed of trust <br />encumbering the Property, subordinate only to the Senior Loan(s) made to Vista Del Rio. <br />5.1.3 City/HOME Loan Terms. The terms and conditions of the City/HOME <br />Loan are as set forth in the City/HOME Loan Note which is a residual receipts note. The <br />City/HOME Loan Note shall be subordinate only to the Senior Loan, and shall continue in full force <br />and effect for the entire HOME Compliance Period. <br />5.1.4 Use of City/HOME Loan Proceeds. Proceeds of the City/HOME Loan shall <br />be used only for costs incurred by Vista Del Rio to construct the Improvements as set forth in the <br />approved Project Budget. <br />5.2 Agency Loan. <br />5.2.1 Amount and Purpose. Subject to the terms and conditions of this <br />Agreement, Agency agrees to make the Agency Loan to Vista Del Rio from tax increment money in <br />the original principal amount of up to FOUR HUNDRED SIXTY-NINE THOUSAND DOLLARS <br />($469,000.00) (the "Agency Loan") for the Construction of the Project. The Agency Loan does not <br />include the $100,000 reimbursement to be made by the Agency to Vista Del Rio pursuant to <br />Section 201 of the DDA for the extra costs incurred by Vista Del Rio for the construction of the <br />entry-way to the Project in excess of City Municipal Code requirements. <br />5.2.2 Agency Note and Deed of Trust. The Agency Loan shall be evidenced by <br />the Agency Loan Note in substantially the form attached hereto as Exhibit F. The Agency Loan shall <br />be secured by the Agency Loan Deed of Trust in substantially the form attached hereto as Exhibit E. <br />The Agency Loan Deed of Trust shall be a deed of trust encumbering the Property, subordinate to the <br />Senior Loan(s) and the City/HOME Loan made to Vista Del Rio. <br />5.2.3 Agency Loan Terms. The terms and conditions of the Agency Loan are as <br />set forth in the Agency Loan Note which is a residual receipts note. The Agency Loan Note shall be <br />subordinate only to the Senior Loan and the City/HOME Loan, and shall continue in full force and <br />effect until the Agency Loan is repaid in full. <br />5.2.4 Use of Agency Loan Proceeds. Proceeds of the Agency Loan shall be used <br />only for costs incurred by Vista Del Rio to construct the Improvements as set forth in the approved <br />Project Budget. <br />5.3 Other Terms and Conditions of the Loans. <br />5.3.1 The Agency Loan Note and City/HOME Loan Note shall become <br />immediately due and payable, in the event of any of the following: <br />(a) failure to complete the Project within the time set forth in the Schedule of <br />Performance subject to Force Majeure or other extensions as allowed in this Agreement; <br />11 <br />DOCSOC/ 1475221 v5/200272-0004 <br />