My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
14-20 Cedar Glen Bond Ordinance Addendums
sbend
>
Public
>
Common Council
>
Legislation
>
Upcoming Bills
>
2020
>
03-23-2020
>
14-20 Cedar Glen Bond Ordinance Addendums
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
3/18/2020 2:57:42 PM
Creation date
3/18/2020 2:55:23 PM
Metadata
Fields
Template:
City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
Jump to thumbnail
< previous set
next set >
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
357
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
EXHIBIT F <br /> BORROWER'S CERTIFICATE TO FHA LENDER AND TRUSTEE <br /> STATEMENT NO. REQUESTING DISBURSEMENT OF FUNDS FROM <br /> PROJECT FUND PURSUANT TO SECTION 3.4 OF THE LOAN AGREEMENT <br /> DATED AS OF APRIL 1, 2020 BETWEEN SOUTH BEND, INDIANA AND <br /> MAH CEDAR GLEN, LP <br /> Pursuant to Section 3.4 of the Loan Agreement (the "Agreement") between the City of <br /> South Bend, Indiana (the "Issuer") and MAH Cedar Glen, LP (the "Borrower"), dated as of <br /> April 1, 2020 the undersigned Authorized Borrower Representative hereby requests and <br /> authorizes The Huntington National Bank, as trustee (the "Trustee"), as depository of the Project <br /> Fund created by the Trust Indenture (the "Indenture") between the Trustee and the Issuer, dated <br /> as of April 1, 2020, to disburse out of the moneys deposited in the Project Fund in the amount(s) <br /> and to the person(s) set forth in this certificate immediately upon a corresponding amount of <br /> FHA Lender Funds or other Available Moneys being deposited by the FHA Lender or the <br /> Borrower into the Collateral Fund. Capitalized terms used herein and not otherwise defined <br /> herein shall have the meanings set forth in the Indenture referenced in the Agreement. <br /> To induce the Trustee to release moneys deposited in the Project Fund pursuant to the <br /> terms of the Indenture and the Agreement in the amounts(s) and to the person(s) set forth herein <br /> and in the Disbursement Schedule attached hereto, the undersigned Borrower represents, <br /> warrants and certifies to the Issuer and the Trustee: <br /> (a) Each item for which disbursement is requested hereunder either (i) are presently <br /> due and payable, constitute Project Costs properly incurred by the Borrower in <br /> connection with the Project being financed with the proceeds of the Loan, or are <br /> reimbursable Project Costs properly chargeable against the Loan; or (ii) are to be <br /> deposited to an escrow fund to be disbursed therefrom solely for Project Costs <br /> properly incurred by the Borrower in connection with the Project; and in each <br /> case none of the items for which disbursement is requested has formed the basis <br /> for any disbursement heretofore made from said Project Fund. The amount or <br /> amounts and the party or parties to whom the disbursements shall be made are <br /> specified in the Disbursement Schedule attached hereto (and may be the <br /> undersigned in the case of reimbursement for advances and payments made or <br /> cost incurred for work done by the undersigned). <br /> (b) Each such item is or was necessary in connection with the acquisition, <br /> construction, installation and equipping of the Units of the Project. <br /> (c) The costs specified in the Disbursement Schedule attached hereto, when added to <br /> all previous disbursements under the Loan, will result in at least 95% of the <br /> aggregate amount of all disbursements having been used to pay or reimburse the <br /> Borrower for amounts which are Good Costs (as defined in the Section 3.2 of the <br /> Tax Agreement referred to in the Indenture). <br /> F-1 <br />
The URL can be used to link to this page
Your browser does not support the video tag.