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"Senior Loan "'shall mean any senior loan made to Borrower, for payment of Acquisition andior <br />Construction Costs, a nd shall includo any subsequent loan that refinances said SernorLoan. <br />"Term" the term for repayment of this Note shall mean fifty -five (55) years from the date of full <br />occupancy and rental of the Project, <br />Terns ot"Affordabilit " the term of affordability .9 hall be fitly -five (55) years. <br />"'Very Low Income " means an adjusted income which does not exceed fifty,percent <br />(50%) of the area median income for the Orange County, California PNTSA, adjusted for household size, <br />as published by RUD. <br />3. This Note evidences the obligation of Borrower to the City for (lie repayment <br />of the City Loan of HOME Funds attributable to the development of the Property, and related sell costs, <br />A. This Note is payablc at 1110 principal office of City of Santa Ana, Community <br />Development Agency, M— Civic Center DrNc, Santa Ana, California 92702, Att: I Iouqing Division, or at <br />such otherplaoc as the holder horcof may infornir Borrower in writing, in Jawful money of the United <br />States. <br />31 Loan Renavinent. <br />Borrowcr shatl make payments to the City as provided in Sections 5 (Residual Receipts), 6 <br />(Refinancing Proceeds), 7 (Sale Proceeds? and 9 (Amvtorated Loan Repayment) of the Agreement. <br />4. Operating Capital <br />If the relflaQement reserve account. ('reserves') Is depleted due to unforuscen repairs and the <br />General Partner makes a loan to the Partnership, the reserves most be fully funded prior to payment of <br />said loan" The outstanding loan balance will be reflected in the annual report. <br />5. Annual Loan Repffnionti Residual Receipts <br />rl. <br />Commencing on the date one hundred fifty (150) (lays after the close of the initial Calendar <br />Year followirig the issuance of the Certificate of Completion and on or before the 150"' day of each <br />Calendar Year thereafter the Borrower shall thereafter make a toan payment to the City annually, in the <br />amount of the lesser of the outstanding balance dqc under this Note or the City's Percentage of the <br />Residual Receipts, aq provided in this Section 5, <br />b. Within one hundred fifty (150) days after the close of the initial Calendar Year fo[lowing.tho <br />Issuance or the Cerrificaw of Completion and on or before the 150[h (lay of each Calendar Year <br />thereafter, the Borrower -,hall submit to the City on audited financial statement of Gross Revenues and <br />Operating Expenses attributabIc to the Property for the applicable Calendar Year, along with a <br />computation of the amount of the Residual Receipts applicable to such Calendar Year with which to alak(, <br />a City Loan payment then due, <br />c. Except as otherwise provided, the Borrower shall pay to the City the City's Percentage of the <br />Residual Rcccipts w payment of principal, AL least fifty percent (50%) of the Residual Reeciptq shall <br />107611.53%.138V3811 1 4 <br />25B-69 <br />