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<regulation prefix="Regulation" num=".06" citation="COMAR 05.04.12.06" title_num="05" subtitle_num="04" chapter_num="12" heading="Loan Terms and Requirements.">
  <paragraph num="A.">
    <text>Interest Rate. The interest rate to be paid on loans may not exceed 8 percent annual interest. The Administration may establish a lower interest rate if the Administration determines that a lower interest rate is required for the feasibility of the project to serve occupants of a specified income level.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Term. The term of each loan generally may not exceed 2 years. The Administration may permit a loan term of greater than 2 years depending upon the size and nature of the project.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Maximum Loan Amount. The maximum loan may not exceed the lesser of the:</text>
    <paragraph num="(1)">
      <text>Amount of permanent financing approved for the project; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Total development costs, meaning the total costs as approved by the Administration, incurred in carrying out all works and undertakings which the Administration deems reasonable and necessary for the acquisition, construction, or rehabilitation of a project, including but not limited to the costs of:</text>
      <paragraph num="(a)">
        <text>Acquisition of land and any buildings on it,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Acquisition closing costs,</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Necessary studies, surveys, plans, and specifications,</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Architectural, engineering, or special services,</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Site preparation and development,</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Labor and materials for construction, reconstruction, or rehabilitation,</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Acquisition, repair, or improvement of such machinery, equipment, and furnishings as may be deemed necessary by the Administration,</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Expenses incurred in connection with initial occupancy or operation of the project as deemed necessary by the Administration,</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Fees incurred in connection with financing the project,</text>
      </paragraph>
      <paragraph num="(j)">
        <text>Construction period interest on the loan,</text>
      </paragraph>
      <paragraph num="(k)">
        <text>Indemnity and surety bonds,</text>
      </paragraph>
      <paragraph num="(l)">
        <text>Premiums on insurance,</text>
      </paragraph>
      <paragraph num="(m)">
        <text>Relocation costs,</text>
      </paragraph>
      <paragraph num="(n)">
        <text>Contingency allowance deemed necessary by the Administration, if the loan is for a rehabilitation project, in an amount not to exceed 10 percent of the total cost of development, and</text>
      </paragraph>
      <paragraph num="(o)">
        <text>Other costs the Administration deems reasonable and necessary.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Preconstruction Loans.</text>
    <paragraph num="(1)">
      <text>The Administration may make a loan for preconstruction costs alone if:</text>
      <paragraph num="(a)">
        <text>There is a commitment in place from the Administration, or other lender acceptable to the Administration, to finance the rehabilitation or construction of the project; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The sponsor has received a written assurance that a commitment will be issued for construction and permanent financing through the:</text>
        <paragraph num="(i)">
          <text>Farmers Home Administration Section 502 Rural Homeownership Loan Program,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Farmers Home Administration Section 515 Rural Rental Housing Loan Program, or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Other public loan program acceptable to the Administration.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>In either case, the loan shall be evidenced by a promissory note and, if the sponsor has title to the project, be secured by a mortgage.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Land Bank Loans.</text>
    <paragraph num="(1)">
      <text>The Administration may make a loan for acquisition only of land, and improvements if any, if:</text>
      <paragraph num="(a)">
        <text>The sponsor is a local government;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The sponsor agrees that within 2 years of the date of acquisition of the property it will:</text>
        <paragraph num="(i)">
          <text>Submit to the Administration a detailed plan for the development of the acquired land, and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Prepare and submit an application for construction and permanent financing to a governmental or private financial institution;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>The loan is evidenced by a note and secured by a mortgage on the property.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If the sponsor is unable to submit a plan within the required 2-year period, the Administration may grant an extension if it determines that an extension is in the best interest of the State.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The maximum amount of a land bank loan may not exceed the fair market value of the property plus reasonable closing costs.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Repayment. The loan shall be repaid at the earliest of the stated loan maturity date, 90 days after the date the project is completed, or the closing of the permanent mortgage financing. For homeownership properties, loan repayment may be staged to coincide with the sale of individual units to families of limited or very limited income.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Security for Loans. Loans shall be secured by a mortgage, except as otherwise provided in §D. All mortgages shall be in the form required by the Administration and shall be recorded in the land records of the county in which the project is located.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Disbursement. Loan funds shall be held by the Administration and disbursed in accordance with a draw schedule approved by the Administration.</text>
  </paragraph>
  <paragraph num="I.">
    <text>Change of Ownership. The sponsor shall agree not to sell, cease to own, assign, transfer, or dispose of all or any part of the project or the sponsor's interest in it, during the loan term, without the prior written consent of the Administration.</text>
  </paragraph>
  <paragraph num="J.">
    <text>Insurance.</text>
    <paragraph num="(1)">
      <text>Multi-Peril Insurance. The sponsor shall maintain fire and extended coverage insurance on the buildings comprising a project both during and after construction, which shall include such endorsements as the Administration may require, such as:</text>
      <paragraph num="(a)">
        <text>Collapse;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Explosion;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Loss of rents;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Vandalism.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Liability Insurance. The sponsor shall maintain comprehensive general liability insurance with such endorsements as the Administration may require, both during construction and upon occupancy of a project.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Flood Insurance. If the project is located on real property which is in the 100-year flood plain, as designated by the United States Department of Housing and Urban Development, the project shall be covered by a flood plain insurance policy. Before loan closing, permits shall be secured from the Maryland Department of Natural Resources and the political subdivision in which the project is located.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Other Insurance. The sponsor shall provide at loan closing such other insurance, including builders' risk, boiler insurance, comprehensive automobile liability, and broad form workers' compensation as may be required by the Department.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Title Insurance. For all secured loans the sponsor shall provide a standard American Land Title Association (ALTA) Loan policy or other form of title policy approved by the Administration and the Office of the Attorney General for an amount equal to the maximum principal amount of the loan, insuring the Administration, evidencing that title to the project on the date of closing is vested in the sponsor, and containing only standard exceptions and encumbrances approved by the Administration and the Office of the Attorney General.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Terms and Conditions. Each insurance policy shall meet the following minimum requirements:</text>
      <paragraph num="(a)">
        <text>Be written by companies acceptable to the Administration;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Be written by companies which are reputable and financially sound, as determined by the Administration;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Be in force at the time of loan closing;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Name the Administration as loss payee and additional insured as its interest may appear in a standard mortgagee endorsement attached to or printed in the policy;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Not be terminable without prior notification to the Administration; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Contain terms and coverage satisfactory to the Administration.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="K.">
    <text>Loan Documents. The Administration shall provide the sponsor with copies of relevant standard form loan documents which may include:</text>
    <paragraph num="(1)">
      <text>A promissory note or deed of trust note;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A deed of trust and security agreement;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A loan agreement;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>An agreement and declaration of covenants and restrictions;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A building loan agreement;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A guaranty of completion or loan payments, or both;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A completion assurance agreement;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>An assignment of the construction contract;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>An opinion of sponsor's counsel for nonprofit organizations;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>An opinion of contractor's counsel;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>A contractor's letter and certification;</text>
    </paragraph>
    <paragraph num="(12)">
      <text>An assurance of compliance with civil rights requirements;</text>
    </paragraph>
    <paragraph num="(13)">
      <text>A fair practices certification; and</text>
    </paragraph>
    <paragraph num="(14)">
      <text>Such other documents as the Administration may find it desirable or necessary to require.</text>
    </paragraph>
  </paragraph>
  <paragraph num="L.">
    <text>Taxes. Taxes and assessments against the property which are due and payable shall be paid at or before closing.</text>
  </paragraph>
</regulation>