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05-27-2026 Council Packet
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05-27-2026 Council Packet
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6/12/2026 8:22:05 PM
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<br />S6-1 <br />Little Canada-Lupe - Borrower Loan Agreement - LC Apartments(199386221.3) - 5/12/2026 6:38:21 PM <br />SCHEDULE 6 <br />CONDITIONS TO ADVANCES <br />A. CONDITIONS TO INITIAL ADVANCE. The right of Borrower to draw the initial advance shall <br />be subject to the fulfillment of the following conditions precedent in a manner, and by documentation, <br />satisfactory to the Controlling Person: <br />1. Construction Documents. Each of the Architect’s Agreement and the Construction Contract shall <br />have been duly executed and delivered by the respective parties thereto and shall be in full force and effect. <br />The Architect and the Contractor shall have duly executed and delivered to the Controlling Person a consent <br />to the assignment of the Architect’s Contract, the Engineer’s Agreement and the Construction Contract in <br />form and substance satisfactory to the Controlling Person. <br />2. Subcontracts; Other Contracts. The Borrower shall have delivered to the Controlling Person, and <br />the Controlling Person shall have approved, a list of all subcontractors and materialmen who have been or, <br />to the extent identified by the Borrower, will be supplying labor or materials for the Project Facilities in the <br />amount of $10,000 or more. The Borrower shall have delivered to the Controlling Person correct and <br />complete photocopies of all other executed contracts with contractors, subcontractors, engineers or <br />consultants for the Project Facilities in an amount of $25,000 or more, and of all development, management, <br />brokerage, sales or leasing agreements for the Project Facilities. <br />3. Validity of Liens. The Mortgage, the Assignment of Project Documents, the Assignment of Capital <br />Contributions, the Assignment of HAP Contract, the Assignment of Subordinate Debt Documents, the <br />Developer Fee Pledge and the General Partner Pledge shall be effective to create in the Fiscal Agent or <br />Funding Lender, as applicable, a legal, valid and enforceable lien and security interest in the collateral <br />identified therein. All filing, recordings, deliveries of preserve such liens and security interests shall have <br />been duly effected. <br />4. Deliveries. The following items or documents shall have been delivered to the Controlling Person <br />by the Borrower and shall be in form and substance satisfactory to the Controlling Person. <br />(a) Plans and Specifications. Two complete sets of the Plans and Specifications and <br />approval thereof by any necessary Governmental Authority, with a certification from the <br />Architect that the Improvements to be constructed comply with all Legal Requirements <br />and Governmental Actions and that the Construction Contract satisfactorily provides for <br />the construction of the Improvements. <br />(b) Title Policy. The Title Policy, or a pro forma policy that constitutes a commitment <br />to issue the Title Policy in the form of such pro forma policy, together with proof of <br />payment of all fees and premiums for such policy and true and accurate copies of all <br />documents listed as exceptions under such policy. <br />(c) Other Insurance. Duplicate originals or certified copies of all policies of insurance <br />required hereunder to be obtained and maintained during the construction of the <br />Improvements. <br />(d) Evidence of Sufficiency of Funds. Evidence that the proceeds of the Funding <br />Loan, the proceeds of the Direct Note, the proceeds of the Subordinate Debt together with <br />Required Equity Funds delivered on the Closing Date or to be delivered after the Closing <br />Date pursuant to the Funding Loan Agreement and the Partnership Agreement, will be <br />sufficient to cover all Project Costs reasonably anticipated to be incurred to complete the
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