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<br />i <br /> <br />C. The Eligible Borrower covenants that the Project Site will be free from all <br />noted health and safety defects (i) that under the City's Housing Code would prohibit occupancy <br />prior to the Eligible Borrower occupying the dwelling unit and (ii) not later than six (6) months <br />after transfer of the ownership interest. <br /> <br />D. The Eligible Borrower covenants that the Project Site will remain in <br />compliance with the City's Housing Code during the Affordability Term. <br /> <br />E. During the Affordability Term and for a period of 3 years thereafter but <br />solely with respect to the retention of records, the following records and any other records <br />requested in writing by the City and required to be maintained by the Consortium under 24 CFR <br />§92.508 shall be established, kept and maintained by the Eligible Borrower, and provided by the <br />Eligible Borrower to the City and the Consortium, demonstrating the use of Consortium HOME <br />Loan in compliance with 24 CFR part 92, including, but not limited to, records evidencing that <br />the Project meets the Housing Quality Standards and the Affordability Requirements in 24 CFR <br />§92.254. <br /> <br />F. The Eligible Borrower shall promptly pay all taxes, assessments and other <br />governmental charges, if any, when due and payable at any time levied or assessed upon or <br />against it, its personal property or the Project Site; provided, however, that the Eligible <br />Borrower shall have the right to contest in good faith any such taxes, assessments or charges by <br />appropriate proceedings during the pendency of which contest the collection of or other <br />realization upon the tax, assessment or charge so contested, and the sale, forfeiture or loss of <br />any of the Eligible Borrower's personal property or the Project Site to satisfy the same, are <br />stayed or otherwise prevented; provided, further, that if any such tax, assessment or charge may <br />be paid in installments, then the Eligible Borrower's obligations under this paragraph F. shall <br />be limited to the payment of such installment by the due date thereof. <br /> <br />SECTION 8. WARRANTIES AND REPRESENTATIONS OF THE ELIGIBLE <br />BORROWER. <br /> <br />A. The Eligible Borrower warrants and represents that: <br /> <br />(i) it will be the owner in fee simple of the Project; <br /> <br />(ii) it is not a primarily religious organization; <br /> <br />(iii) it meets all of the requirements of the definition of Eligible Borrower; <br /> <br />(iv) the Eligible Property meets all the requirements of items 1) through 4), <br />inclusive of the definition of Eligible Property; and <br /> <br />(v) all information furnished by the Eligible Borrower is true and correct as of the <br />date hereof. <br /> <br />10 <br />