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FULL PACKET_2019-04-16
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FULL PACKET_2019-04-16
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City Clerk
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Clerk of the Council
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4/16/2019
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costs of title insurance premiums, documentary stamp taxes, escrow fees, <br />recording charges, loan repayment charges and other costs reasonably <br />incurred with respect to the Property, in each case actually paid by Borrower <br />as a condition of the Sale. <br />(ii) In the case of a Refinancing, the reasonable and necessary costs of <br />consummating such Refinancing, including, without limitation, loan fees, <br />loan repayment charges, costs of title insurance premiums, escrow fees, <br />recording fees and attorneys' fees. <br />"Extremely Low Income" means an adjusted income which does not exceed thirty percent <br />(30%) of the area median income for the Orange County, California PMSA, adjusted for household <br />size, as published by HUD. <br />"Gross Revenues" shall mean all revenues and receipts of every kind actually received by <br />Borrower from operating the Property, and all parts thereof, including, but not limited to, income <br />from both cash and credit transactions, rental from leased and/or subleased spaces and parking fees <br />and charges, but not including security deposits and other tenant deposits, except to the extent such <br />deposits are forfeited to the Borrower under the tenant's lease. Gross Revenues also includes any <br />casualty insurance proceeds in excess of those used to restore the Property, and any rental <br />interruption insurance proceeds. Any credit consideration shall be included in Gross Revenues at <br />the time cash proceeds (principal and/or other) are received. Borrower shall establish and maintain <br />accounts for the Gross Revenues (the "Project Accounts") that are segregated from revenues and <br />income received by Borrower from all other projects. Gross Revenues shall also include all interest <br />earned on the Project Accounts, and shall specifically exclude any capital contributions made by <br />the Investor Limited Partner. <br />"Interest" shall mean that the NOTE shall bear simple interest at the rate of Three percent <br />(3%) per annum, from the date of issuance of the Certificate of Occupancy/Completion. <br />"Low Income" means an adjusted income which does not exceed eighty percent (80%) of <br />the area median income for the Orange County, California PMSA, adjusted for household size, as <br />published by HUD. <br />"Operating Expenses" shall mean the stun of the following: <br />(i) payments of principal and interest and all other charges relating to the <br />Senior Loan(s); <br />(ii) property management fee not to exceed 5% of gross rents; <br />(iii) owner administration fee not to exceed 5% of gross rents which will include <br />Investor Limited Partner local administration fee of $5,500 per year, which <br />shall increase by 3% per year, and other fees payable to the General Partner <br />pursuant to the Partnership Agreement; <br />80A-172 <br />
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