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05-27-2026 Council Packet
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05-27-2026 Council Packet
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<br />30 <br />Little Canada-Lupe - Borrower Loan Agreement - LC Apartments(199386221.3) - 5/12/2026 6:38:21 PM <br />Section 6.25 Borrower’s Approval of Funding Loan Agreement. The Borrower understands <br />that the Governmental Lender will, pursuant to the Funding Loan Agreement and as security for the <br />payment of the principal of, acceleration premium, if any, and the interest on the Governmental Note, assign <br />and pledge to the Funding Lender and/or the Fiscal Agent, and create a security interest in favor of the <br />Funding Lender (or the Fiscal Agent for the benefit of the Funding Lender) in certain of its rights, title and <br />interest in and to this Agreement (including all payments hereunder) reserving, however, the Reserved <br />Rights; and the Borrower hereby agrees and consents to such assignment and pledge. The Borrower <br />acknowledges that it has received a copy of the Funding Loan Agreement for its examination and review. <br />By its execution of this Agreement, the Borrower acknowledges that it has approved, has agreed to and is <br />bound by the applicable provisions of the Funding Loan Agreement. The Borrower agrees that the Funding <br />Lender and/or the Fiscal Agent shall be entitled to enforce and to benefit from the terms and conditions of <br />this Agreement that relate to it notwithstanding the fact that it is not a signatory hereto. <br />Section 6.26 Conditions Precedent; Payment of Certain Fees, Deposits and Expenses. On the <br />date of execution and delivery hereof, (a) the Controlling Person shall have received, in immediately <br />available funds, an amount equal to the fees set forth in Section 2.2(a) hereof, and the fees of the <br />Engineering Consultant set forth in Section 2.2(b) hereof incurred as of the date of the execution and <br />delivery hereof, and (b) the Funding Lender shall have received the deposits required to be made in the <br />Accounts on such date pursuant to Article 8 hereof. <br />Section 6.27 Additional Conditions Precedent. The rights of the Borrower to draw the initial <br />advance of funds under this Agreement shall be subject to the conditions precedent set forth in Section 9.12 <br />hereof and on Schedule 6 hereof. <br />Section 6.28 No Amendments. The Borrower shall not amend, modify or otherwise change the <br />Subordinate Debt Documents without the prior written consent of the Controlling Person. <br />Section 6.29 Construction of Improvements. The Borrower shall construct the Project Facilities <br />in a true, thorough and workmanlike manner and substantially in accordance with the Plans and <br />Specifications and in compliance with all applicable Governmental Actions and Legal Requirements. The <br />Borrower shall provide, at the Borrower’s expense all manner of materials, labor, implements and cartage <br />of every description for the due completion of renovation or construction of the Project Facilities. The <br />Borrower shall take all necessary steps to assure that commencement of renovation or construction of the <br />Project Facilities shall begin within thirty (30) days following the Closing Date, shall proceed continuously <br />and diligently and in a commercially reasonable manner, and shall be completed lien free in a timely manner <br />substantially in accordance with the Plans and Specifications and in all instances in compliance with all <br />applicable Governmental Actions and Legal Requirements, on or before the Completion Date, subject to <br />delays caused by a Force Majeure. <br />Section 6.30 Evidence of Payment of Costs. If requested by the Controlling Person, the <br />Borrower shall furnish, before each advance agreed to be made and on completion of construction, all <br />receipted bills, certificates, affidavits, conditional releases of lien and other documents which may be <br />reasonably required by the Controlling Person, as evidence of full payment for all labor and materials <br />incident to the construction of the Project Facilities for each requested draw with copies of unconditional <br />releases of lien from each prior draw and will promptly secure the release of the Project Facilities from all <br />liens by payment thereof or transfer to bond or other security. <br />Section 6.31 Correction of Deficiencies in Improvements. The Borrower agrees that it will <br />correct any work performed and replace any materials that do not comply with the Plans and Specifications <br />in any material respect. In the event of any dispute between the Borrower and the Controlling Person with <br />respect to the interpretation and meaning of the Plans and Specifications, the same shall be determined by
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