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14-20 Cedar Glen Bond Ordinance Addendums
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14-20 Cedar Glen Bond Ordinance Addendums
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3/18/2020 2:57:42 PM
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3/18/2020 2:55:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
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"Special Funds"means, collectively, the Bond Fund, the Project Fund and the Assignment Fund, <br /> and any accounts therein, all as created in the Indenture. Amounts deposited in the Special Funds are to <br /> be invested in Eligible Investments. See"THE INDENTURE—Investment of Funds"herein. <br /> All Loan Payments will consist of Available Money and will be paid directly to the Trustee in <br /> amounts sufficient, without need for reinvestment, to pay all of the interest on the Bonds when due and to <br /> pay the principal of the Bonds on the earlier of any Mandatory Tender Date or any Redemption Date, as <br /> further described herein. Available Money will be invested in Eligible Investments under the Indenture. <br /> See"THE INDENTURE–Investment of Funds"herein. <br /> THE BORROWER <br /> The Borrower is MAH Cedar Glen, LP, an Indiana limited partnership. The managing member of <br /> the Borrower is Merchants Affordable Housing Corp., an Indiana corporation. <br /> The Borrower does not intend to acquire any substantial assets or engage in any substantial <br /> business activities other than those related to the ownership of the Project. However, the Borrower's <br /> members and affiliates may engage in the acquisition, development, ownership and management of <br /> similar types of housing projects. <br /> Neither the Borrower nor its members or affiliates will be personally liable to pay the principal of <br /> and interest on the Bonds. Furthermore,no representation is made that the Borrower will have substantial <br /> funds available for the Project. Accordingly, neither the Borrower's financial statements nor those of its <br /> affiliates or members are included in this Official Statement. <br /> THE PROJECT <br /> The Project, known as Cedar Glen Apartments Project, consists of acquiring, constructing, <br /> equipping and improving privately owned real and personal property into a multifamily housing complex, <br /> containing 179 affordable living units located in South Bend, Indiana. The Project will not be pledged as <br /> security for the Bonds. The Borrower anticipates that construction of the Project will take approximately <br /> 12 months. <br /> The unit mix of the Project is as follows: <br /> Unit Type Number Approximate Square Feet <br /> 1BR 39 <br /> 2BR 140 <br /> Regulatory Restrictions <br /> The Borrower's <br /> operation of the will be subject to the terms of a Regulatory Agreement <br /> P Project <br /> and Declaration of Restrictive Covenants,dated as of April 1,2020(the"Regulatory Agreement"),among <br /> the Borrower, the Trustee and the Issuer, which contains covenants required to maintain the exclusion of <br /> interest on the Bonds from gross income for federal income tax purposes, in accordance with <br /> Section 142(d) of the Code. The Regulatory Agreement will require that for the Qualified Project Period <br /> (as defined therein), not less than 40% of the dwelling units in the Project be occupied by families or <br /> individuals of low or moderate income, defined as families or individuals whose income does not exceed <br /> 60%(adjusted for family size)of the median gross income for the area in which the Project is located. <br /> -6- <br />
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