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Agmt09 Mental Health Association of San Mateo County
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Agmt09 Mental Health Association of San Mateo County
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Last modified
7/28/2009 12:19:39 PM
Creation date
7/21/2009 9:54:42 AM
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Template:
Agreement
Contractor Name
Mental Health Association of San Mateo County
PROJECT NAME
Owner Participation Agreement
RMP File Number
405
Date
12/13/2008
Reso Ref
RD 08-09
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<br />EXHIBIT "G" <br /> <br />HUD-REQUIRED PROVISIONS RIDER <br /> <br />This HUD-Required Provisions Rider (the "Rider") is dated as of October _,2008, and is attached to <br />and made a part of that certain (a) Construction Loan Agreement (the "CaIHFA Loan Agreement"), between <br />Cedar Street Apartments, Inc., a California nonprofit public benefit corporation, its successors and assigns (the <br />"Borrower"), and the California Housing Finance Agency, a public instrumentality and political subdivision of <br />the State of California ("CaIHFA"); (b) Promissory Note, Construction Loan, CalHFA Development No. 05- <br />011 C (the "CaIHF A Note"); (c) Regulatory Agreement CalHF A Development No. 05-011 C between Borrower <br />and CalHFA (the "CaIHFA Regulatory Agreement") between Borrower and CaIHFA; and (d) Construction <br />Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing, CalHFA Development No. 05- <br />011 C by Borrower in favor of CalHF A as beneficiary (the "CaIHF A Deed of Trust"), all dated September -, <br />2005 (collectively, the "CaIHFA Documents"), relating to the property commonly known as Cedar Street <br />Apartments, Inc., Redwood City, California (the "Development"). In the event of any conflict, inconsistency <br />or ambiguity between the provisions of this Rider and the provisions of the CalHF A Documents, the provisions <br />of this Rider shall control. All capitalized terms used herein and not otherwise defined herein shall have the <br />meaning given to such terms the CalHF A Documents. As used in this Rider, the term "HUD Documents" <br />shall mean the following documents relating to the HUD Section 202/811 Capital Advance for the <br />Development (HUD Project No. 121-HD077-NP-WDD). <br /> <br />A. Deed of Trust With Assignment of Rents on the Property from Borrower to HUD and <br />recorded against the Property (the "HUD Deed of Trust"); <br /> <br />B. Capital Advance Program Regulatory Agreement between Borrower and HUD and recorded <br />against the Property (the "HUD Regulatory Agreement"); <br /> <br />C. Capital Advance Program Use Agreement between Borrower and HUD and recorded against <br />the Property (the "HUD Use Agreement"); <br /> <br />D. Security Agreement between Borrower and HUD (the "HUD Security Agreement"); <br /> <br />E. UCC Financing Statement between Borrower, as Debtor, and HUD, as Secured Party, and <br />filed with the California Secretary of State (the "DCC Financing Statement"); <br /> <br />F. HUD Project Rental Assistance Contract (the "PRAC"); and <br /> <br />G. Other HUD Capital Advance documents. <br /> <br />1. Term of Rider. Notwithstanding anything else in this Rider to the contrary, the provisions of this <br />Rider shall be and remain in effect only so long as the HUD Documents, or any of them, are in effect; <br />thereafter, this Rider and its requirements shall be deemed no longer in effect. <br /> <br />2. Subordination. The covenants contained in the CalHF A Documents shall be subordinate to the rights <br />of HUD under the HUD Documents, and to the HUD rules and regulations pertaining thereto. In <br />addition, so long as the HUD Documents are in effect, in the event that there are any conflicts between <br />the terms and conditions in the CalHF A Documents and the terms and conditions of the HUD <br /> <br />Exhibit "G" - Page 1 <br />
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