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JAMBOREE HOUSING CORPORATION
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Last modified
9/26/2018 12:18:46 PM
Creation date
9/24/2018 12:31:18 PM
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Contracts
Company Name
JAMBOREE HOUSING CORPORATION
Contract #
A-2018-198
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
8/21/2018
Destruction Year
0
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required to reconvey the lien of the Deed of Trust if Sale Proceeds are insufficient to repay the <br />City Loan in full. <br />8. Loan Repayment from Sale Proceeds. <br />The Borrower shall make a loan payment, not to exceed the outstanding balance of <br />principal and interest on this Note, to the City from any Sale that occurs during the term of the <br />City Loan, to the extent of the City's Percentage of the Sale Proceeds, as follows: gross sale <br />proceeds are applied first to pay Closing Costs, next to pay in full all amounts owing on the <br />Senior Loan; next the Borrower shall pay to the City fifty percent (50%) of the then remaining <br />unapplied Sale Proceeds, not to exceed the outstanding amount of principal and interest due on <br />this Note. This fifty percent (50%) represents the total payment due under the City Note. The <br />remaining Sale Proceeds shall remain with Borrower. Such payment shall be due on the date of <br />such Sale, and shall be applied first to any accrued but unpaid interest, then to reduce the <br />principal balance of the Loans. The City shall not be required to reconvey the lien of the Deed of <br />Trust if Sale Proceeds are insufficient to repay the City Loan in full. <br />9. Buy Out Option. <br />Prior to the initial disbursement under this Note, the Borrower shall grant to the City a Right of <br />First Refusal (subject to any purchase option and/or right for first refusal granted to one or more <br />of the general partners of the Borrower) (the "City Right of First Refusal") to acquire the <br />Property if Borrower desires to transfer the Property to an entity which is not affiliated with one <br />or more of Borrower's general partners. The City Right of First Refusal shall be in form and <br />substance acceptable to the City and shall comply with all applicable Tax Credit requirements. <br />10. Accelerated Loan Payment. <br />The full principal amount outstanding plus accrued but unpaid interest thereon, shall be <br />due and payable on the earlier to occur of the following: <br />a. Sale or Refinancing of the Property as provided further in Section 15 hereof, <br />unless: (i) in the case of a Sale in which the City's Percentage of the Sale Proceeds are <br />insufficient to repay in fall the City Loan, the City approves such sale -and the purchaser assumes <br />the balance of the City Loan in accordance with the terms of this Note; or (ii) in the case of a <br />Refinancing in which the City's Percentage of the Refinancing Proceeds are insufficient to repay <br />in full the City Loan, the City approves such Refinancing and the Borrower remains obligated <br />pursuant to the terms of this Note. <br />or <br />b. if an Event of Default occurs pursuant to Section 16 hereof. <br />c. The date that is fifty five (55) years after the date of execution of this Note. On <br />
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