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affordable rental housing pursuant to the affordability requirements of Code of Federal <br />Regulations ( "CFR ") section 92.252 or 92.254 and California Health and Safety Code <br />( "H &S ") sections 50052.5, as applicable. <br />(d) Documents Recorded. This Loan Agreement, the City /HOME Loan <br />Deed of Trust and the Affordability Restrictions on Transfer of Property shall have been <br />recorded in the Official Records of the County. <br />(e) Request for Notice. For the benefit of City, Escrow Holder shall <br />have recorded a request for notice of default of the Senior Loan (the "Request for Notice <br />of Default "). <br />(f) Insurance. City shall have received evidence satisfactory to the City <br />Attorney that all of the policies of insurance required by Section 19 of this Agreement are <br />in full force and effect. <br />(g) Representations and Warranties. The representations and <br />warranties of Developer contained in this Agreement and the other Loan Documents shall <br />be correct as of the Close of Escrow as though made on and as of that date, and if <br />requested by the Executive Director, City shall have received a certificate to that effect <br />signed by Developer's Representative. <br />(h) No Default. No Event of Default by Developer shall have occurred, <br />and no event shall have occurred which, with the giving of notice or the passage of time <br />or both, would constitute an Event of Default by Developer under this Agreement, and if <br />requested by the Executive Director, City shall have received a certificate to that effect <br />signed by Developer's Representative. <br />6.2 Disbursement Procedures for Loan(s). <br />A portion of the Loan proceeds shall be disbursed through Escrow to finance the <br />acquisition of the Property, with other proceeds being used for the rehabilitation (as <br />evidenced in Exhibit C). The Loan proceeds shall not be used for any purpose other than for <br />acquisition costs of the Property and/or rehabilitation/construction costs, including a <br />Developer fee and soft costs related to development of the Project (costs all subject to City's <br />prior review). <br />6.3 [Intentionally Omitted] <br />6.4 [Intentionally Omitted] <br />6.5 Any Disbursement. City's obligation to make any disbursement of the <br />Rehabilitation Portion (including the first and final disbursements) is subject to the <br />satisfaction of the following conditions precedent: <br />(a) Satisfactory Progress. The Executive Director shall be satisfied, <br />based on his/her own inspections or other reliable infonnation, that the rehabilitation is <br />