Sec. 05.04.11.06. Eligible Uses and Costs

A. The Administration may make loans as follows, subject to the requirements of the Internal Revenue Code if the interest on the bonds used to finance the loans is exempt from federal income taxation:

(1) Construction mortgage loans in conjunction with permanent mortgage loans;

(2) Rehabilitation or property improvement mortgage loans in conjunction with permanent mortgage loans;

(3) Mortgage loans to refinance the outstanding principal balance of acquisition debt on a project; and

(4) Permanent mortgage loans, including permanent take-out financing.

B. The Secretary may, from time to time, limit the Administration to the making of loans under selected categories of eligible uses set forth in §A of this regulation.

C. The Administration may participate with other public or private lenders in the making of loans to finance projects.

D. Loans may finance the costs associated with acquisition, construction, rehabilitation, or improvement of the project, including, subject to the requirements of the Internal Revenue Code if the interest on the bonds used to finance the loans is exempt from federal income taxation, the following:

(1) Costs of appraisals;

(2) Architectural and engineering costs for design and supervision;

(3) Costs of bonds, permits, and fees;

(4) Costs associated with site preparation and evaluation including soil borings, environmental review reports, and testing for environmental hazards;

(5) Carrying costs during construction, including construction interest, real estate taxes, and property insurance;

(6) Financing fees and charges imposed by the Administration or the mortgage insurer;

(7) Legal, processing, packaging, title, and closing fees, and other fees and charges; and

(8) Other costs and fees associated with the project acceptable to the Administration.

E. Loans associated with refinancing existing debt may finance:

(1) The amount of existing principal debt on the property;

(2) Lender prepayment fees and charges;

(3) Legal, processing, packaging, title, and other closing fees;

(4) Other fees and charges relating to the loan; and

(5) Any other costs approved by the Administration.

F. If there are expenditures relating to the project that are to be reimbursed, directly or indirectly, from the proceeds of tax-exempt bonds, the Administration shall have adopted an official intent resolution not later than 60 days after payment of the original expenditure and otherwise have complied with the Internal Revenue Code.

G. Loans may not be used to finance salaries, services, or other operating costs of the project.