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ATTY/RESO.0020/CC RESO APPROVING AMENDMENTS TO HPP GUIDELINES – EXHIBIT B <br />REV: 05-04-26 LF <br />Page 18 of 86 <br />302.11 Disclosure of Information. All material information concerning the <br />Property known to Borrower, or that should have been known to Borrower in the exercise of <br />reasonable care, has been disclosed to City. There are no facts or information known to Borrower, <br />or that should have been known to Borrower in the exercise of reasonable care, that would make <br />any of the information furnished to City by Borrower inaccurate, incomplete, or misleading in any <br />material respect. <br />302.12 No Condemnation. No condemnation proceeding or moratorium is <br />pending or threatened against the Property or any portion thereof that would impair the use, <br />occupancy or full operation of the Property in any manner whatsoever. <br />302.13 Eligible Costs. The proceeds of the Loan shall be used only for the <br />acquisition of the Property. <br />302.14 FIRPTA. Borrower is not a “Foreign Person” within the meaning of <br />FIRPTA, or is exempt from the provisions of FIRPTA, and Borrower has complied and will <br />comply with all of the requirements under FIRPTA. <br />400. COVENANTS OF BORROWER <br />401. Borrower’s Financing. In addition to the Loan provided for herein, the Borrower <br />has secured or will secure financing from [Insert Name of Senior Lender—if multiple lenders, <br />repeat for each lender] in the amount of [______________ Dollars ($__________)] (the “Senior <br />Loan”) for the purpose of financing the acquisition of and minor rehabilitation the Property (the <br />“Additional Borrower Financing”). <br />402. Rehabilitation Work. Within _____ days following Close of Escrow, Borrower <br />shall complete the Rehabilitation Work in accordance with the provisions of this Agreement <br />(including the Scope of Rehabilitation) and in a good and worker-like manner in accordance with <br />sound building practices as well as all Governmental Requirements. Borrower shall comply with <br />all existing and future Governmental Requirements and other laws, regulations, orders, building <br />codes, restrictions and requirements of, and all agreements with and commitments to, all <br />governmental, judicial or legal authorities having jurisdiction over the Property, including those <br />pertaining to the construction of the Rehabilitation Work, and with all recorded covenants and <br />restrictions affecting the Property. Borrower shall ensure that no existing tenants are required to <br />be temporarily or permanently relocated from the Property due to the Rehabilitation Work. In the <br />event of any material deviations from the terms of this Agreement, unworker-like performance, <br />the use of defective materials, or the filing of any unapproved liens, City may order that the <br />construction cease immediately, and Borrower agrees immediately to correct and remedy the same <br />at its sole expense. [For Expiring Covenant Loans, delete this paragraph, replace with <br />[Reserved]] <br />403. Permits, Licenses and Approvals. Borrower shall properly obtain, comply with and <br />keep in effect all permits, licenses and approvals which are required to be obtained under local, <br />state, or federal law (“Land Use Laws”) in order to perform the Rehabilitation Work. [For <br />Expiring Covenant Loans, delete this paragraph, replace with [Reserved]]