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Housing Hope HCS-15-42-1213-198(1) 7/25/2016
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Housing Hope HCS-15-42-1213-198(1) 7/25/2016
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Last modified
8/10/2016 11:29:30 AM
Creation date
8/10/2016 11:29:01 AM
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Contracts
Contractor's Name
Housing Hope HCS-15-42-1213-198(1)
Approval Date
7/25/2016
Council Approval Date
4/20/2016
End Date
9/30/2055
Department
Planning
Department Project Manager
Rebecca McCrary
Subject / Project Title
Kennedy Court Low Income Housing Rehab
Tracking Number
0000225
Total Compensation
$573,298.00
Contract Type
Agreement
Contract Subtype
Grant
Retention Period
6 Years Then Destroy
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11. Maximum Interest. Neither this Note nor any instrument securing payment hereof or <br /> otherwise relating to the debt evidenced hereby shall require the payment or permit the <br /> collection of interest in excess of the maximum permitted by any applicable usury statute or any <br /> other law (the "Maximum Rate"). If this Note or any other such instrument does so provide, the <br /> provisions of this paragraph shall govern, and neither Maker nor any endorsers of this Note nor <br /> their respective heirs, personal representatives, successors, or assigns shall be obligated to pay <br /> the amount of interest in excess of the Maximum Rate. In such event, the interest rate in <br /> excess of the Maximum Rate shall be reduced by appropriate credits to the balance owing at <br /> maturity hereunder so that the Maximum Rate shall not be exceeded. <br /> 12. Notice. Any demand or notice to be made or given under the terms hereof or any <br /> instrument now or hereafter relating to or securing this Note by the Holder to Maker shall be <br /> effective when mailed, emailed, or delivered by registered mail, postage prepaid, to the Maker <br /> to the addresses set forth in the Loan Agreement. <br /> 13. Governing Law. This Note shall be governed by and construed in accordance with <br /> the laws of the State of Washington and applicable federal law. <br /> 14. Nonrecourse. Notwithstanding any other provision hereof or of any other instrument <br /> relating to or securing this Note, the Maker, its managers, members, officers and employees <br /> shall not have any personal liability for the indebtedness evidenced hereby or any deficiency <br /> judgment, and upon the occurrence of a default or event of default hereunder, the Holder hereof <br /> shall look solely to the instruments by which this Note is secured and the Premises constituting <br /> the security, together with the rents, issues, and profits thereof for satisfaction of the <br /> indebtedness, and resort shall not be made to any other property of the Maker; PROVIDED, <br /> HOWEVER, that nothing herein contained shall limit or be construed to limit or impair the <br /> enforcement against said Premises of the rights and remedies of the Holder hereof, including <br /> the joinder of the Maker in any action to foreclose the liens and security interests securing this <br /> Note, and PROVIDED, FURTHER, that nothing herein shall diminish Maker's liability for <br /> damages or deficiencies resulting from theft, waste, fraud, material misrepresentation or misuse <br /> of rents. <br /> 15. Loan Agreement. This Note is subject to the terms and conditions of the Loan <br /> Agreement between the Maker and Holder dated as of the day of , 2016. <br /> Disbursement of the funds evidenced by this Note is to be made subject to the terms and <br /> conditions of said Loan Agreement. <br /> 16. Casualty and Condemnation. In the event of any fire or other casualty to the <br /> Premises or eminent domain proceedings resulting in condemnation of the Premises or any part <br /> thereof, Maker shall have the right to rebuild the Premises, and to use all available insurance or <br /> condemnation proceeds therefor, PROVIDED that (a) such proceeds are sufficient to keep the <br /> Loan in balance and rebuild the Premises in a manner that provides adequate security to Holder <br /> for repayment of the Loan, or, if such proceeds are insufficient, then Maker shall have funded <br /> any deficiency; (b) Holder shall have the right to approve plans and specifications for any major <br /> rebuilding and the right to approve disbursements of insurance or condemnation proceeds for <br /> rebuilding under a construction escrow or similar arrangement; and (c) no material default then <br /> exists under the Loan Documents. If the casualty or condemnation affects only part of the <br /> Premises and total rebuilding is infeasible, then proceeds may be used for partial rebuilding and <br /> Amended Exhibit C <br /> Housing Hope's Kennedy Court Improvement Project <br /> Page 3 of 5 <br />
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