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5. LOANS: 5.1 City /HOME Loan. 5.1.1 Amount and Purpose. Subject to the terms and conditions of this Agreement, City agrees to make a loan of HOME Program funds to Vista Del Rio in the original principal amount of up to ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) (the "City /HOME Loan ") for the Construction of the Project. 5.1.2 City/HOME Note and Deed of Trust. The City /HOME Loan shall be evidenced by the City /HOME Loan Note in substantially the form attached hereto as Exhibit C. The City /HOME Loan shall be secured by the City /HOME Loan Deed of Trust in substantially the form attached hereto as Exhibit B. The City /HOME Loan Deed of Trust shall be a deed of trust encumbering the Property, subordinate only to the Senior Loan(s) made to Vista Del Rio. 5.1.3 City/HOME Loan Terms. The terms and conditions of the City /HOME Loan are as set forth in the City /HOME Loan Note which is a residual receipts note. The City /HOME Loan Note shall be subordinate only to the Senior Loan, and shall continue in full force and effect for the entire HOME Compliance Period. 5.1.4 Use of City/HOME Loan Proceeds. Proceeds of the City /HOME Loan shall be used only for costs incurred by Vista Del Rio to construct the Improvements as set forth in the approved Project Budget. 5.1.5 Construction Interest Savings. Section 505.1 of the Disposition and Development Agreement is hereby deleted from the and shall not apply to repayment of the City /HOME Loan. 5.2 Agency Loan. 5.2.1 Amount and Purpose. Subject to the terms and conditions of this Agreement, Successor Agency agrees to make the Agency Loan to Vista Del Rio from tax increment money in the original principal amount of up to FOUR HUNDRED SIXTY -NINE THOUSAND DOLLARS ($469,000.00) (the "Agency Loan ") for the Construction of the Project. The Agency Loan does not include the $100,000 reimbursement to be made by the Successor Agency to Vista Del Rio pursuant to Section 201 of the DDA for the extra costs incurred by Vista Del Rio for the construction of the entry -way to the Project in excess of City Municipal Code requirements. 5.2.2 Agency Note and Deed of Trust. The Agency Loan shall be evidenced by the Agency Loan Note in substantially the form attached hereto as Exhibit F. The Agency Loan shall be secured by the Agency Loan Deed of Trust in substantially the form attached hereto as Exhibit E. The Agency Loan Deed of Trust shall be a deed of trust encumbering the Property, subordinate to the Senior Loan(s) and the City/HOME Loan made to Vista Del Rio. 5.2.3 _Agency Loan Terms. The terms and conditions of the Agency Loan are as set forth in the Agency Loan Note which is a residual receipts note. The Agency Loan Note shall be subordinate only to the Senior Loan and the City /HOME Loan, and shall continue in full force and effect until the Agency Loan is repaid in full. 11 DOCS OC/ 1475221 v 10/200272 -0004