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(d) Utilization of the commercial facilities of the <br />Development, if any, shall be compatible with the residential uses <br />of the Development. Any commercial tenants, improvements and <br />lease provisions must be approved by the Agency. All commercial <br />leases shall include provisions to the effect that in the event of <br />the foreclosure of the Loan, the Agency shall have the option of <br />either continuing in effect or terminating the commercial lease. <br />The Borrower and each commercial tenant agree to do any acts and <br />execute any documents necessary to effectuate the Agency's rights <br />in this regard. <br />(e) The Borrower shall establish a grievance process <br />for rejected prospective tenants which conforms to Agency policies <br />and procedures. <br />(f) The Borrower shall not permit any interest to be <br />charged nor to accrue on any advances to the Development from the <br />Borrower or any partner of the Borrower except upon the following <br />conditions: (1) prior written notice of such advance and the <br />terms thereof shall be given to the Agency; (2) interest shall be <br />limited to the rate on the first mortgage Note; (3) the amount of <br />such advance shall be no greater than necessary to pay current <br />expenses; and (4) such advances shall be repaid after payment of, <br />or the reservation of funds for payment of, all Operating Expenses <br />of the Development and prior to any Distributions from the <br />Development. Failure of any of these conditions shall render the <br />party making the advance liable to refund and /or forfeit all <br />interest paid or due and shall be an event of default pursuant to <br />this Agreement. <br />(g) The dwelling units to be occupied by, or reserved <br />for occupancy by, Qualified Tenants shall be of comparable quality <br />to all other dwelling units, shall be dispersed throughout the <br />Development, and shall be in size and type available in the same <br />percentages as the sizes and types of all other dwelling units. <br />(h) The Borrower agrees that at all times its acts in <br />connection with the Development have complied with and shall <br />continue to comply with all applicable provisions of federal, <br />state and local laws, all applicable provisions of the Act, the <br />rules, regulations, policies and procedures of the Agency and all <br />agreements with the Agency and any other public entities <br />concerning the Development. The Borrower represents to the Agency <br />that professional advice is available to the Borrower for the <br />purpose of enabling the Borrower to be aware of and to comply with <br />said laws, policies, procedures and agreements. The Borrower <br />agrees to indemnify the Agency against any loss incurred by the <br />Agency as a result of the Borrower's failure to comply therewith. <br />Specifically, the Borrower acknowledges the existence of <br />federal, state and local laws regarding the relocation of persons <br />displaced by the Development. The Borrower agrees that the <br />Borrower, and not the Agency, is responsible for complying with <br />CHFA 53SLP /RIDGEVIEW <br />12/2/88 <br />V01517(DNB) <br />-7- <br />