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202406660
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Last modified
12/30/2024 4:10:54 PM
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12/30/2024 4:10:52 PM
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DEEDS
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202406660
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202406660 <br />in accordance with the Contract. The proceeds of the Loan shall only be used for eligible expenses <br />as allowed by the Contract. <br />Section 4.05 Project Occupancy Requirements. For purposes of this Project, the property <br />manager will be Full Circle Services, Inc. , an affiliate of Borrower. Borrower, Guarantor and Full <br />Circle Services will be responsible for ensuring tenants will be qualified tenants (seven of the 44 <br />units shall have tenant income eligibility for households at or below 120% of the Area Median <br />Income of Hall County) as described in the Contract throughout the Affordability Period <br />("Affordability Restrictions"). <br />Section 4.06 Compliance with the Contract. Borrower (a) shall take all actions necessary <br />to insure that Lender is able to comply with all of the terms of the Contract, including but not <br />limited to, providing the Lender with all information, data and materials necessary for the Lender <br />to perform the Lender's obligations under the Contract, (b) shall comply, and shall cause all of <br />Borrower's applicable affiliates to comply, with all of the terms and conditions of the Contract as <br />if Borrower and its affiliates were the "Recipient" under the Contract, and (c) agrees that Borrower <br />and its affiliates shall complete the construction of the Project within the timelines provided in the <br />Contract and shall use the Matching Contribution and the NAHTF funds (other than the <br />administrative funding and housing management fees) solely to construct the Project. <br />Section 4.07 Books and Records. Borrower shall set up and maintain accurate and <br />complete books, accounts and records pertaining to the Project in a manner reasonably acceptable <br />to Lender. Borrower will permit representatives of Lender to have free access to and to inspect and <br />copy all books, records and contracts of Borrower relating to the Project upon reasonable advance <br />notice to Borrower. Any such inspection on behalf of Lender shall be for the sole benefit and <br />protection of Lender, and Lender shall have no obligation to disclose the results thereof to <br />Borrower or to any third parties; provided, however, that if such inspection shall serve as the basis <br />for the refusal by Lender to Advance any Loan proceeds, Lender shall disclose to the Borrower <br />the results of such inspection. <br />Section 4.08 Negative Covenants of the Borrower. From the date hereof and thereafter <br />for so long as the Borrower is indebted to the Lender, the Borrower will not take any action that <br />will cause Lender to be in default on the Contract or be in default under any law, rule, regulation, <br />order, writ, judgment, injunction, decree, determination or award or any indenture, agreement, <br />lease or instrument by which it of the Project is bound. <br />Section 4.09 Compliance. The Borrower shall assist the Lender with all compliance <br />matters relating to the Contract, including but not limit to reimbursement and reporting <br />requirements. This obligation of the Borrower shall terminate upon the earlier of: (i) the <br />termination of the Contract; and (ii) the expiration of the Affordability Period. <br />ARTICLE 5 <br />EVENTS OF DEFAULT <br />Section 5.01 Events of Default. The Borrower shall be in default under the Loan <br />Documents upon the occurrence of any of the following events ("Events of Default"): <br />
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