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07/06/2010 Council Packet
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07/06/2010 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
07/06/2010
Council Meeting Type
Work Session Regular
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EXHIBIT B <br />CONTINUATION OF REGULATORY REQUIREMENTS <br />19. If any new management agent, contractor, sponsor, or Owner entities or principals become <br />involved in the project after endorsement, HUD 2530 forms must be submitted and <br />approved by the Secretary for each. All changes or transfers of ownership after <br />endorsement of the mortgage must include personal and corporate financial statements with <br />FHA Form 2417 certifications, credit reports, and 2013 Supplement "Bank and Trade <br />References." After initial endorsement of the Note, any future transfer of ownership interest <br />in the project will be subject to review and approval by the Secretary. This would include a <br />review of credit reports, bank and trade references, and current financial statements on any <br />new owners. <br />20. Notwithstanding anything to the contrary set forth in Section 9(e) of this Agreement, the <br />Owners shall have a period of ninety (90) days following the end of each fiscal year to <br />provide Mortgagee with a complete annual financial report as outlined in Section 9(e) of <br />this Agreement. <br />21. All licenses and operating permits must be owned by the Project and be subject to the <br />mortgage. They must not be transferred without the written permission of the Secretary. <br />22. The following is hereby added to the end of Paragraph 6 of the Agreement: <br />(i) <br />Permit any conveyance, assignment, or transfer of any direct or indirect legal or <br />beneficial interest in the Owners that requires approval of the Secretary under (i) <br />the Secretary's transfer of physical assets requirements and procedures and/or (ii) <br />the Secretary's previous participation approval requirements and procedures. <br />(j) Enter into, or agree to the assignment of, any ground or commercial lease for all <br />or part of the mortgaged property. <br />(k) Enter into any amendment of any operating or commercial lease of all or any part <br />of the mortgaged property that (i) reduces the rent or other payments due <br />thereunder, (ii) increases the obligations of the Owners or the rights of the lessee, <br />(iii) decreases the rights of the Owners or the obligations of the lessee, or (iv) <br />alters any provision of such lease required by the Secretary to be included therein. <br />23. Notices sent pursuant to Paragraph 11 of the Agreement may be sent by registered or <br />certified mail, hand delivery or by a nationally recognized overnight delivery service. <br />24. Owner shall lease the residential units so that forty -seven (47) units in the Project are <br />occupied by at least one occupant who is an Elderly Person. <br />[Signature Page to Follow] <br />Replaces FHA -2466 which may be used until supply Page 9 of 10 <br />exhausted <br />370937v1 SJB LN140 -25 <br />Form HUD -92466 (11/2002) <br />ref Handbook 4571.1 <br />
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