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80A - JOINT - LOAN AGMT AMCAL
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80A - JOINT - LOAN AGMT AMCAL
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2/2/2017 4:09:44 PM
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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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d. Borrower shall retain fifty percent of the Residual Receipts. The other percent <br />(50 %), the Agency's Percentage of the Residual Receipts, shall be divided with thirty percent <br />(30 %) to be applied to the Agency Loan, and seventy percent (70 %) to be applied to the payment <br />of the Housing Successor Agency Loan. As Borrower repays its loans, the payment percentage <br />applied to the remaining loans shall increase. <br />e. The Residual Receipts payment shall be made not later than one hundred fifty (150) <br />days after the close of the Calendar Year. Such payment shall be applied first to any late fees, <br />then to reduce the principal balance of the loan. <br />6. Loan Repayment from Refinancing Proceeds. <br />The Borrower shall make a loan payment to the Agency from every Refinancing that <br />occurs during the term of this Note (other than refinancing of the conventional lender acquisition <br />and /or construction loan) not to exceed the outstanding balance of principal on this Note, to the <br />extent of the Agency's Percentage of the Refinancing Proceeds (if any), as follows: the cash <br />proceeds from such Refinancing shall be applied first to pay Closing Costs; next, the amount <br />necessary to pay in full the balance remaining on the Senior Loan; next, the amount necessary to <br />pay any deferred developer fee in full; and next, the Borrower shall pay to the Agency the <br />Agency's Percentage of the Refinancing Proceeds of which Agency Percentage shall be used <br />thirty percent (30 %) to repay the Agency Loan, and seventy percent (70 %) to repay the Housing <br />Successor Agency Loan to the extent of the outstanding balance on this Note. At least fifty <br />percent (50 %) of the Refinancing proceeds shall remain with Borrower, with all remaining <br />Refinancing proceeds remaining with the Developer to the extent the outstanding balance of the <br />Note has been fully paid. Such payment shall be due on the date of such Refinancing, and shall <br />be applied to reduce the principal balance of the Loan. The Agency shall not be required to <br />reconvey the lien of the Deed of Trust if Refinancing Proceeds are insufficient to repay the Loan <br />in full. <br />7. Loan Repayment from Sale Proceeds. <br />The Borrower shall make a loan payment, not to exceed the outstanding balance of <br />principal on this Note subject to Section 14 herein, to the Agency from any Sale that occurs <br />during the term of the Agency Loan, to the extent of the Agency's Percentage of the Sale <br />Proceeds, as follows: gross sale proceeds are applied first to pay Closing Costs, next to pay in <br />full the balance remaining on the Senior Loan; next, the Borrower shall pay to the Agency the <br />Agency's Percentage of the Refinancing Proceeds of which Agency Percentage shall be used <br />thirty percent (30 %) to repay the Agency Loan, and seventy percent (70 %) to repay the Housing <br />Successor Agency Loan, and the amount necessary to pay any deferred developer fee in full, not <br />to exceed the outstanding amount of principal due on this Note. At least fifty percent (50 %) of <br />the Sale Proceeds shall remain with Borrower, with all remaining Refinancing proceeds <br />remaining with the Developer to the extent the outstanding balance of the Note has been fully <br />paid. Such payment shall be due on the date of such Sale, and shall be applied to reduce the <br />principal balance of the Loan. The Agency shall not be required to reconvey the lien of the Deed <br />of Trust if Sale Proceeds are insufficient to repay the Loan in full. <br />6 <br />80A -204 <br />
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