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Last modified
5/30/2017 4:30:18 PM
Creation date
4/14/2017 10:22:54 AM
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Contracts
Company Name
GUEST HOUSE LP
Contract #
A-2016-369
Agency
Community Development
Council Approval Date
12/20/2016
Notes
A-2016-155; A-2016-155-A
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5. LOANS <br />A. CITY LOAN: <br />1. _Amount and Purpose. Subject to the terms and conditions of this Agreement, <br />City agrees to make a loan of HOME funds to Developer in the principal amount of up to <br />$1,199,869 (the "City Loan") for the acquisition and rehabilitation of the Property, <br />2. City/HOME Note and Deed of Trust. The City/HOME Loan shall be <br />evidenced by the City/HOME Loan Note in the form attached hereto as Exhibit F. The <br />City Loan shall be secured by the City/HONM Loan Deed of Trust in the form attached <br />hereto as Exhibit E. The City/HO.ME Deed of Trust shall be a deed of trust encumbering <br />the Property, subordinate to the Senior Loan(s) made to Developer. <br />3. Ci /HOME Loan Terms. The terms and conditions of the City/HON E <br />Loan are as set forth in the City/HOME Loan Note which is a residual receipts note. The <br />HOME compliance period is fifteen (15) years, commencing on the date that all work is <br />complete and the Property is fully occupied. <br />6. CONDITIONS TO (DISBURSEMENT OF LOAN PROCEEDS <br />6.1 Conditions Precedent. City's obligation to disburse the Loan Amount is subject <br />to the satisfaction, or waiver by the Executive Director, of the following conditions <br />precedent: <br />( a) Loan Documents. Developer shall have delivered to the <br />Escrow Holder, signed by the authorized officer or officers of Developer, with such <br />signature(s) acknowledged where necessary, each of the following documents: <br />(i) the Loan Agreement; <br />(ii) The City/R01V1E Loan Note; <br />(iii) The City/HOW 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 CityIHONIE Loan <br />Amount, showing Developer as the fee owner of the Property and insuring the <br />City/E10ME Deed of Trust to be valid priority Bens on the Property. The City/HOME <br />Loan Note and .Deed of Trust shall be subordinate to the Senior Loan Note and First <br />Deed. <br />
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