Laserfiche WebLink
EXHIBIT 4 <br />"Amended and Restated Affordability Restrictions on Transfer of Property" between Borrower <br />and Agency, dated on or about the date hereof (the "Agency Affordability Restrictions on <br />Transfer of Property"); and that certain subordinated Amended and Restated Housing Successor <br />Agency Deed of Trust and Assignment of Rents between Borrower and Agency, dated on or <br />about the date hereof (the "Agency Deed of Trust"). This Note, the Loan Agreement, the <br />Affordability Restrictions on Transfer of Title, and the Agency Deed of Trust are sometimes <br />collectively referred to herein, collectively, as the "Loan Documents." The Loan Documents and <br />the rights and responsibilities inure to the benefit of the Agency. Any capitalized term which is <br />not otherwise defined herein shall have the meaning ascribed to such term in the Loan <br />Agreement. <br />2. Definitions. <br />For the purpose of calculating the payments to be made by Borrower to Agency pursuant <br />to this Note, the following terms shall have the following respective meanings: <br />"Acquisition Costs" shall mean the costs and expenses of Borrower to acquire the <br />Property, as set forth in the Project Budget attached to the Loan Agreement. <br />"Agency Loan" shall mean the loan evidenced by this Note. <br />"Agency's Percentage" with reference to the Residual Receipts, shall mean 50% or the <br />prorated percentage of the total amount of funds contributed after CORNERSTONE HOUSING <br />PARTNERS LP, retains fifty percent of the Residual Receipts, whichever is less, of the Agency's <br />share of the total Residual Receipts from the Property as further described in Section 5 hereof. If <br />other lenders to the Property are also repaid from Residual Receipts, Agency's Percentage shall <br />be reduced proportionally to the ratio that the original principal amount of the Loan bears to the <br />original principal amount of all loans being repaid from Residual Receipts multiplied by 50%. <br />"Calendar Year" means each consecutive twelve (12) month period from January 1 to <br />December 31. <br />"Closing Costs" shall mean: <br />(i) In the case of a Sale, reasonable brokerage commissions payable to a broker as a <br />result of the Sale, which shall not in any event exceed the customary amount charged -for similar <br />transactions in the immediate market place, costs of title insurance premiums, documentary <br />stamp taxes, escrow fees, recording charges, loan repayment charges and other costs reasonably <br />incurred with respect to the Property, in each case actually paid by Borrower as a condition of <br />the Sale. <br />(ii) In the case of a Refinancing, the reasonable and necessary costs of <br />80A-221 <br />