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Phase. The Agency Executive Director may a iv the requirements of this Section 314.3 in the <br />event the Developer timely submits to the Agency a report prepared for any other federal, state <br />or local govern men t agency that contains the information required by tt hmen t No. 10. The <br />Residual receipts Report, or the report accepted b y the Executive Director in lieu of the Residual <br />Receipts Report, must be prepared or audited by an entity independent of the Developer in order <br />to satisfy the requirements of this Section 314.3. <br />14.4 Reporting Requirements for the For -Sale Portion of the Project. <br />Within one hundred twenty (l days after the close of escrow of the sale of the last For - ale <br />Unit the Developer shall submit to the Agency a financial statement setting forth the Profit <br />Sharing Amount, and the Net Profit, Gross Sales Proceeds, For-Sale Units D ev lopmen t Cost, <br />and For Sale Units Development Profit upon which the Profit Sharing Amount has bren <br />calculated (as those terms are defined in the Phase FS Promissory Note. <br />314.5 a curi ty of Agency Loan. E aeh Promissory Note shall be secured by a <br />deed of trust to be recorded as an encumbrance against the applicable Phase to hich such <br />Promissory Note relates, which decd of trust shag be substantially in the form attached hereto as <br />Attaclunent No. 9 attached hereto, which i s incorporated herein (the "Agency Deed of Trust" ). <br />The Agency acknowledges that it will he necessary to subordinate each Agency Deed of Trust to <br />deeds of trust securing other sources of financing obtained by the Developer. The Agency <br />Executive Director i s authorized to execute any and all documents necessary in order to <br />subordinate each Agency Deed of Trust, but only if and to the extent such subordination is <br />reasonably necessary. <br />314.6 Disbursement of the Agency Loan. The proceeds of each Agency Loan <br />shall he disbursed for hard and soft costs of construction for the applicable Phase to which such <br />Agency Loan relates, and shall be disbursed to Developer's institutional construction lender for <br />such Phase pro rata with the proceeds of the construction loan (subject to the approval of such <br />institutional construction lender) at such time as Agency and such institutional construction <br />1 end er app ro gyres sue h di s burs emen t u p on comple ti on o f a line item under the B u d get. <br />315. Humeb u c r Assistance. <br />315.1 Homeb u e r Assistance Loan. The Agency hereby agrees to loan to each <br />qu alifled Moderato Income Hornebu firer of are Affordable For-Sale Unit the amount of Thirty <br />Thousand Dollars ,00 (each, a ;`Homebuyer Assistance Loan"), subject to the terms and <br />conditions set forth in this Agreement, and subject further to the terms and conditions set forth <br />within the documents n d i n s tru me n is executed by each Hom buyer, including the H mel u er <br />Loan Agreement, all in compliance with applicable laws and regulations. The Agency s h all fund <br />each Ho rnebu y r Assistance Loan solely from moneys from a Low and Moderate Income <br />Housing Fund established pursuant to Section 33334.3 of the California Health and Safety Code, <br />all withdn the meaning of Section 1720(c)(4) of the California Labor Code. <br />15.2 Repayment of Ho meb uy r Assistance Doan. Each Homeh u er' <br />obligation to repay the Horneh uyer Assistance Loan shall be set forth in a promissory note <br />substantially in the form attached to the Ho rmeh u e r Loan Agreement. The Homeh u y r <br />Assistance Loan shall not accrue interest until and unless an event of acceleration occurs under <br />4 <br />DOO11 40067 3 v ] 4 /20027 -000 1 <br />