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(i) All of the proceeds of the senior loan, less any transaction <br /> costs, are used to provide acquisition, construction and /or <br /> permanent financing for the Subject Property. <br /> (ii) The proposed lender is a state or federally chartered <br /> financial institution, a nonprofit corporation, a charitable <br /> foundation, or a public entity that is not affiliated with the <br /> developer or any of developer's affiliates, other than as a <br /> depositor or a lender. <br /> (iii) CONTRACTOR, or Eligible Purchaser, as the case may be, <br /> demonstrates that adequate financing is not available <br /> without the proposed subordination. <br /> (iv) The subordination agreement minimizes the risk that the <br /> County's security interest in the property would be <br /> extinguished as a result of a foreclosure by the senior <br /> lender or other holder of the senior loan. The condition is <br /> satisfied if the County has adequate rights to cure any <br /> borrower default. <br /> (v) The subordination agreement does not limit the effect of <br /> the County's deed of trust before a foreclosure and does not <br /> require the consent of the holder of the senior loan before <br /> the County can exercise any of its remedies under the loan <br /> documents. <br /> 14. Rental of Rehabilitated Properties. If, after reasonable efforts, <br /> including but not limited to a sales price reduction, a sale of the <br /> Subject Property to an Eligible Purchaser does not occur, <br /> CONTRACTOR may request that the County permit <br /> CONTRACTOR to retain ownership of the Subject Property as a <br /> rental property until market conditions improve. Any such request <br /> must be in writing and must include the following: <br /> a. Documentation of CONTRACTOR's efforts to sell the <br /> Subject Property to an Eligible Purchaser. <br /> b. CONTRACTOR's assessment of why the Subject Property <br /> has not sold. <br /> c. A requested conversion date. <br /> d. An operating budget and a management plan for the <br /> Subject Property as a rental. <br /> e. Schedule of rents, to be approved by the Housing Director <br /> f. Contractor will ensure that for Phase 1 properties which <br /> were targeted to Very Low- Income Households, NSP funds <br /> are used to benefit Very Low- Income Households under <br /> this scenario as well. <br /> g. A financing plan which addresses repayment, restructure or <br /> extension of other financing in the Subject Property. <br />