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06 120312 SA HA WASHINGTON Pl FLA - Attach 2
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06 120312 SA HA WASHINGTON Pl FLA - Attach 2
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Last modified
3/13/2013 4:11:29 PM
Creation date
3/7/2013 5:33:13 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Date
12/3/2012
Destruction Year
2017
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EXHIBIT C <br />FORM OF WRITTEN REQUISITION <br />OF THE BORROWER <br />To: Wilmington Trust, National Association, as Fiscal Agent (the "Fiscal Agent") under that certain <br />Funding Loan Agreement, dated as of December 1, 2012, among Citibank, N.A., as Funding Lender, <br />Housing Authority of the City of Santa Ana, as Governmental Lender, and the Fiscal Agent (the "Funding <br />Loan A.. er~ement"). <br />1. You are requested to disburse funds from the Project Fund pursuant to Section 7.7 of the Funding <br />Loan Agreement in the amount(s), to the person(s) and for the purpose(s) set forth on Schedule I attached <br />hereto and incorporated herein by reference. An invoice or other appropriate evidence of the obligations <br />described on Schedule I is attached hereto. <br />2. The undersigned certifies that: <br />(i) there has been received no notice (A) of any lien, right to lien or attachment upon, or <br />claim affecting the right of the payee to receive payment of, any of the moneys payable under <br />such requisition to any of the persons, firms or corporations named therein, and (B) that any <br />materials, supplies or equipment covered by such requisition are subject to any lien or security <br />interest, or if any notice of any such lien, attachment, claim or security interest has been received, <br />such lien, attachment, claim or security interest has been released, discharged, insured or bonded <br />over or will be released, discharged, insured or bonded over upon payment of the requisition; <br />(11) such requisition contains no items representing payment on account of any percentage <br />entitled to be retained at the date of the certificate; <br />(iii) the obligation stated on the requisition has been incurred in or about the construction or <br />equipping of the Project, each item is a proper charge against the Project Fund, and the obligation <br />has not been the basis for a prior requisition that has been paid; <br />(iv) such requisition contains no items representing any Costs of Issuance or any other <br />amount constituting an issuance cost under Section 147(g) of the Code; <br />(v) not less than 97% of the sum of: (A) the amounts requisitioned by this Requisition to be <br />funded with the proceeds of the Governmental Lender Note plus (B) all amounts allocated to the <br />Governmental Lender Note previously disbursed from the Project Fund, have been or will be <br />applied by the Borrower to pay Qualified Project Costs; <br />(vi) as of the date hereof no event or condition has happened or is happening or exists that <br />constitutes, or that with notice or lapse of time or both, would constitute, an Event of Default <br />under the Funding Loan Agreement; and <br />(vii) attached as Schedule I to this Requisition is an exhibit that allocates the amount requested <br />hereby among the sources for payment. <br />[3. The undersigned has provided you with this Requisition an endorsement to the mortgagee title <br />insurance policy delivered to the Fiscal Agent at closing increasing the affirmative mechanics and <br />materialmen's lien coverage to an amount equal to the aggregate amount paid out of the Project Fund <br />C:1UsersltadlDesktoplSanta Ana HA Washington Place c_ 1 <br />FLA.doc ~~ <br />DRAFT ~ 1/28/12 8:39AM <br />
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