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80A - JOINT - LOAN AGMT AMCAL
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80A - JOINT - LOAN AGMT AMCAL
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Last modified
2/2/2017 4:09:44 PM
Creation date
2/2/2017 3:55:17 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
2/7/2017
Destruction Year
2022
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7.10.7 Next, to the Administrative General Partner until the Administrative <br />General Partner receives a distribution of 10% of the sum of 7.10.6 and 7.10.7, <br />7.10.8 Thereafter, to the Limited and Administrative General Partner <br />simultaneously in the ratio of 90/10 respectively, <br />7.10,9. Notwithstanding anything to the contrary contained in this <br />Agreement, if any Distributable Cash constitutes interest income received in connection with the <br />sale or other disposition of all or any portion of the Partnership's assets (including "imputed <br />interest "), cash equal to such interest received by the Partnership shall be distributed, during each <br />year, among the Partners in the same ratio as the principal amount of such installment sale is <br />distributed to the Partners during such year and such distribution shall not be treated as a <br />distribution of Distributable Cash pursuant to subparagraphs 7.10.3 and 7.10,4; <br />7.10.10, Distribution of Cash from-0 arations, <br />All periodic Distributions from Operations will be made in <br />accordance with the partners interests in the partnership per Exhibit A, Column 1 until the limited <br />Partners have received a 9% cash on cash return. <br />The Partnership is authorized to execute a Note and <br />Mortgage in order to secure a loan to be insured by the Secretary of Housing and Urban <br />Development and to execute a Regulatory Agreement and other documents required by the <br />Secretary in connection with such loan. Any incoming general partner shall, as a condition <br />of receiving an interest in the Partnership, agree to be bound by the Note, Mortgage, and Regulatory <br />Agreement and other documents required in connection with the PHA insured loan to the same <br />extent and on the same terms as the other general partners. Upon any dissolution, no title or right to <br />possession and control of the Project, and no right to collect the rents therefrom, shall pass to any <br />person who is not bound by the Regulatory Agreement in a manner satisfactory to the Secretary, <br />7.10.11 Next, the Administrative General Partner will receive a <br />distribution of 10% of the sum of 7. 10.10 and 7.10.11. <br />7.10.12Thereafter, in the ratio of Exhibit A, Column 2. <br />7,11, Allocations for Contributed Property; IRC Section 754 Adjustments. <br />If any Partner contributes any property to the Partnership, gain or loss with <br />respect to such property on the sale or other taxable disposition of such property and the <br />depreciation or cost recovery deductions for such property shall be allocated to the Partners as <br />required in IRC Section 704 (c). To the extent required pursuant to Treasury Regulations Section <br />1.704 -1 (b) (2) (iv) (m), the Partnership gain or loss, with respect to a Partner for whom the <br />provisions of IRC Section 734 (b) or Section 743 (b) are applicable, shall be allocated in <br />accordance with such provisions. <br />Initial LP AgrOamant - SanLt Ana 9.1.159.1.15 <br />L 1 • 1 46 <br />
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