REPAIR RIDER
TO LOAN AGREEMENT
THIS REPAIR RIDER is made this day of , 19 , and is
incorporated into and shall be deemed to supplement the Loan Agreement of
the same date made by the undersigned Lender and the undersigned Borrower
and the Secretary of Housing and Urban Development ("Secretary").
I. Lender's Promises
A.The Lender shall set aside Dollars ($ )
from the initial Principal Limit under the Loan Agreement to
be used for the purpose of bringing the Property up to the
property standards required by the Secretary by repairing:
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B.The Lender may charge a repair administration fee not to
exceed the greater of fifty dollars ($50) or 1.5% of the
amounts advanced by Lender under this Repair Rider. This
fee shall be added to the Principal Balance as each Loan
Advance is made.
C.The Lender shall require one or more inspections by a
HUD-approved inspector during the course of the repair work.
The Lender shall not release any funds for work which is not
complete and which is not approved by a HUD-approved
inspector. The Lender certifies by executing this Repair
Rider that the repairs which are funded under this Repair
Rider will be completed in a manner to meet property
standards required by the Secretary as determined by a
HUD-approved inspector.
D.The Lender shall ensure that all mechanic's liens and
materialmen's liens are released of record prior to an
advance of funds under this Repair Rider. The Lender may
require the Borrower to obtain acknowledgment of payment and
releases of lien from all contractors, subcontractors, and
materialmen. Such acknowledgements and releases shall be in
the form required by local laws and shall cover all work
done, labor performed and materials (including equipment and
fixtures) furnished for the project.
E.Until a HUD-approved inspector finds that all repairs
required by Section LA of this Repair Rider have been
completed in a satisfactory manner, the Lender shall not
release funds in excess of (i) the total value of work
satisfactorily completed, and (ii) the value of materials or
equipment delivered to, and suitably stored at, the site but
not yet incorporated in the work, less (iii) ten percent
holdback, less (iv) prior advances under this Repair Rider.
F.Lender shall release the funds to Borrower and the
contractor(s) jointly when permitted by Section I. C. of
this Repair Rider and shall add the cost of the repairs to
the Principal Balance under the Loan Agreement.
II. Borrower's Promises
A.The Borrower will complete all repairs required by Section
I.A. of this Repair Rider so that the Property meets the
property standards required by the Secretary as determined
by a HUD approved inspector.
B.Borrower shall cause work to begin on , 19 .
Borrower shall have work completed by , 19 . Work is
to be performed with reasonable diligence. Should Borrower
fail to comply with these terms, until all repair work is
satisfactorily completed Borrower shall not request and
Lender shall not make any further payments under the Loan
Agreement except for payment of repairs required by Section
I.A. of this Repair Rider and Loan Advances required under
Section 4.5 of the Loan Agreement.
C.Borrower will cause all improvements to be made in a
workmanlike manner and in accordance with all applicable
statutes and regulations. All licenses, permits and
privileges required by local governmental authorities to
rehabilitate the property will be obtained by the
Borrower(s) or his/her contractor.
D.Borrower will furnish such records, contracts, bills and
other documents relating to the Property and improvements as
the Lender or the Secretary may require.
E.Without prior written consent of Lender, no materials,
equipment, fixtures or any part of improvements financed
with this loan shall be purchased or installed subject to
conditional sales contracts, security agreements, lease
agreements or other arrangements whereby title is retained
or the right is reserved or accrues to anyone to remove or
repossess any item, or to consider it as personal property.
___________________________ (SEAL)
Borrower
___________________________ (SEAL)
Borrower
___________________________ (SEAL)
Lender
___________________________ (SEAL)
Secretary of Housing and Urban Development
BY: ___________________________ (SEAL)
File Type | application/msword |
File Title | REPAIR RIDER |
Author | h19444 |
Last Modified By | h19444 |
File Modified | 2007-09-25 |
File Created | 2007-09-25 |