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I ( WHEREAS, pursuant to the Consortium Agreement, the Consortium Review Board has approved the Program and determined that an amount not to exceed the Committed Amount of HOME Funds be allocated for use in the Program upon the terms and conditions set forth in the Homebuyer Agreement and, in connection therewith, the Consortium and the City have entered into a HOME Program Agency Agreement, dated _, 1995 to provide for the administration of the Program as between the City and the Lead Entity; and WHEREAS, the City and the Consortium have entered into the HOME Program Agency Agreement, dated 1, 1995 (the "Agency Agreement") wherein the Consortium has authorized the City to determine in part the eligibility of a Project and an Eligible Borrower for a loan of HOME Funds under the Program, to execute and deliver this Agreement in connection with an eligible Project and to disburse the HOME Funds to the , Bank, , Ohio (the "Participating Bank") on behalf of the Borrower; and WHEREAS, the potential Eligible Borrower has made application to the City to participate in the Program for anyone or more of the purposes set forth in the immediately preceding recital and further identified in the Term Sheet to be funded through the HOME Program; and WHEREAS, the City has reviewed such application and by execution of this Agreement determines that the potential Eligible Borrower is eligible to participate in the Program and is therefore deemed to be an "Eligible Borrower" entitled to a loan of HOME Funds in an amount not to exceed the amount set forth in the Term Sheet (the "Consortium HOME Loan") upon the terms and conditions set forth herein; and WHEREAS, the Council of the City has authorized the City to enter into this Agreement by Resolution No. -95 adopted on , 1995. - -- NOW, THEREFORE, in consideration of the mutual representations, warranties, covenants, terms and conditions contained herein, the parties hereto hereby agree as follows: SECTION 1. DEFINITIONS. A) In addition to the words and terms defmed elsewhere in this Agreement or by reference to another document, the words and terms used as defined words and terms in this Agreement (including the recitals and exhibits hereto) shall have the meanings set forth in Exhibit B attached hereto and made a part hereof, unless the context or use clearly indicates another meaning or intent. B) Unless the context clearly indicates otherwise, or may otherwise require, in this Agreement (i) the defInitions set forth in this Section 1 shall include both the singular and the plural, (ii) the terms "herein", "hereunder", "hereby", "hereto", "hereof" and any similar terms refer to this Agreement as a whole and not to any particular section or subdivision hereof, and (iii) references to specifIc provisions of the HOME Program or any other public law, statute or regulation are to such provisions as they may be amended from time to time. 2