Sec. 05.04.11.10. Loan Documentation

A. The Administration shall prescribe the form and content of all loan documents. The loan documents shall contain any terms and conditions that the Administration considers advisable. Loan documents shall be prepared by the Administration and may not be retyped or altered by the sponsor.

B. The loan documents shall include all of the following documents, as well as any other documents the Administration may require:

(1) A deed of trust note obligating the sponsor to repay the loan;

(2) A deed of trust, security agreement, and assignment of rents, which is a recorded instrument securing the Administration's interest in the project;

(3) A building loan agreement for new construction and substantial rehabilitation projects, which agreement specifies the details for the construction or rehabilitation of the project, including, but not limited to those relating to construction draws, remedies, releases, and terms of construction;

(4) A regulatory agreement which establishes the duties and obligations of the sponsor regarding reserves for replacement, construction surplus funds, savings in the amount of State operating subsidies provided to the project, occupancy requirements and income limits, and operation and maintenance of the project in the public interest;

(5) A compliance agreement executed in recordable form containing the requirements set forth in Regulation .08E and other covenants and provisions as may be required by the Administration and its counsel;

(6) A sponsor's counsel opinion for loans in excess of a minimum amount determined by the Administration, which is a letter as to the legal sufficiency of the sponsor's commitments and agreements as expressed in the loan documents; and

(7) A certificate or affidavit of the sponsor concerning federal tax law compliance in the purchase and financing of the property.