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05-27-2026 Council Packet
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05-27-2026 Council Packet
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<br />7 <br />Little Canada-Lupe - Borrower Loan Agreement - LC Apartments(199386221.3) - 5/12/2026 6:38:21 PM <br />To further secure the Borrower’s obligations under this Agreement, the Borrower shall, at its sole <br />expense, execute and deliver, or cause to be executed and delivered (and where required, duly record), the <br />Mortgage and each of the other Funding Loan Documents. <br />Section 3.2 Financing Statements. <br />The Borrower hereby authorizes the Funding Lender and the Controlling Person, without the <br />signature of the Borrower, to file such financing statements and continuation statements, and perform such <br />other acts, under the Uniform Commercial Code of the State or other applicable Legal Requirements as are <br />necessary or advisable to perfect and maintain perfection of the Governmental Lender’s, the Fiscal Agent’s <br />and/or the Funding Lender’s security interests under this Agreement, the Funding Loan Agreement, the <br />Mortgage and the other Funding Loan Documents. The Borrower will pay upon demand the costs of filing <br />the foregoing financing or continuation statements and the Financing Statements required under the <br />Funding Loan Agreement in such public offices as the Controlling Person may designate. <br />ARTICLE 4 <br /> <br />REPRESENTATIONS OF GOVERNMENTAL LENDER <br />Section 4.1 Representations by the Governmental Lender. The Governmental Lender <br />represents and warrants to the Borrower, the Funding Lender and the Noteowners from time to time of the <br />Governmental Note as follows: <br />(a) The Governmental Lender is a municipal corporation and is authorized by the Act <br />to execute and to enter into this Agreement and to undertake the transactions contemplated herein and to <br />carry out its obligations hereunder. <br />(b) The Governmental Lender has all requisite power, authority and legal right to <br />execute and deliver the Funding Loan Documents to which it is a party and all other instruments and <br />documents to be executed and delivered by the Governmental Lender pursuant thereto, to perform and <br />observe the provisions thereof and to carry out the transactions contemplated by the Funding Loan <br />Documents. All action on the part of the Governmental Lender which is required for the execution, <br />delivery, performance and observance by the Governmental Lender of the Funding Loan Documents has <br />been duly authorized and effectively taken, and such execution, delivery, performance and observation by <br />the Governmental Lender do not contravene applicable law or any contractual restriction binding on or <br />affecting the Governmental Lender. <br />(c) The Governmental Lender has duly approved the issuance of the Governmental <br />Note and the loan of the proceeds thereof to the Borrower for the acquisition and [construction/renovation] <br />of the Project Facilities; no other authorization or approval or other action by, and no notice to or filing <br />with, any governmental authority or regulatory body is required as a condition to the performance by the <br />Governmental Lender of its obligations under the Funding Loan Documents. <br />(d) This Agreement is, and each other Funding Loan Document to which the <br />Governmental Lender is a party when delivered will be, legal, valid and binding special obligations of the <br />Governmental Lender enforceable against the Governmental Lender in accordance with its terms except as <br />the enforceability thereof may be limited by bankruptcy, insolvency or similar laws affecting the <br />enforcement of creditors’ rights generally. <br />(e) There is no default of the Governmental Lender in the payment of the principal of <br />or interest on any of its indebtedness for borrowed money or under any instrument or instruments or
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