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excess of five percent (5%) of the aggregate budget, shall be subject to the prior written <br />approval of the Executive Director. <br />A line -item budget for the Project, including a summary statement of sources and <br />uses of funds, is incorporated into Exhibit C (the "Project Budget"). Any material change <br />to the Project Budget in excess of ten percent (10%) of any individual line item or in <br />excess of five percent (5%) of the aggregate budget shall be subject to the prior written <br />approval of the Executive Director which if not granted or denied within five (5) <br />Business Days, shall be deemed approved; provided, however, that in all events, <br />Developer shall at all times obtain and maintain all required permits and approvals from <br />the City's Planning and Building Agency. Notwithstanding the foregoing, the City's <br />approval of a change order shall not be required unless the approval of the Senior Lender <br />is required with respect to such change order. <br />4. [RESERVED] <br />5. LOANS <br />A. CITY LOAN: <br />1. Amount and Purpose. Subject to the terms and conditions of this Agreement, <br />City agrees to make a loan of HOME funds to Developer in the principal amount of up to <br />$352,962.90 (the "City/HOME Loan") for the acquisition and new construction of the <br />Property. <br />2. City/HOME Note and Deed of Trust. The City/HOME Loan shall be <br />evidenced by the City/HOME Loan Note in the form attached hereto as Exhibit E. The <br />City Loan shall be secured by the City/HOME Loan Deed of Trust in the form attached <br />hereto as Exhibit D. The City/HOME Deed of Trust shall be a deed of trust encumbering <br />the Property, subordinate to the Senior Loan(s) made to Developer and the Senior Loan <br />Documents. <br />3. City/HOME Loan Terms. The terms and conditions of the City/HOME <br />Loan are as set forth in the City/HOME Loan Note which is a residual receipts note. The <br />HOME compliance period is twenty (20) years, commencing on the date that all work is <br />complete and the Property is fully occupied. <br />6. CONDITIONS TO DISBURSEMENT OF LOAN PROCEEDS <br />Developer shall comply with this Section until the Certificate of Compliance is issued. <br />6.1 Conditions Precedent. City's obligation to disburse the Loan Amount is subject <br />to the satisfaction, or waiver by the Executive Director, of the following conditions <br />precedent: <br />(a) Loan Documents. Developer shall have delivered to the <br />Escrow Holder, signed by the authorized officer or officers of Developer, with such <br />signature(s) aclmowledged where necessary, each of the following documents: <br />