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(iii) The City /HOME Deed of Trust, <br />(iv) The Affordability Restrictions on Transfer of Property; and <br />(b) Title Insurance. City shall have received an LP -10 ALTA Lender's <br />loan policy of title insurance (2006 edition), or evidence of a commitment therefore <br />satisfactory to City, issued by First American Title Insurance Company and in form and <br />substance satisfactory to City, together with all endorsements and binders required, <br />naming City as the insured, in a policy amount of not less than the City /HOME Loan <br />Amount, showing Developer as the fee owner of the Property and insuring the <br />City /HOME Deed of Trust to be valid priority liens on the Property. The City/ TOME <br />Loan Note and Deed of Trust shall be subordinate to the Senior Loan Note and First <br />Deed. <br />(c) Affordability Restrictions on Transfer of Property. Developer <br />shall have delivered to the Escrow Holder, in the form attached hereto as Exhibit G, the <br />Affordability Restrictions on Transfer of Title pursuant to which, among other things, <br />Developer agrees that the Property shall be used only for decent, safe, sanitary and <br />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 />(1) 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 Rill 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 />9 <br />25C -13 <br />