3560-33A Consilidated Loan Agreement

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Form RD 3560-33A
(02-05)

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UNITED STATES DEPARTMENT OF AGRICULTURE
RURAL DEVELOPMENT
RURAL HOUSING SERVICE

FORM APPROVED
OMB NO. 0575-0189

CONSOLIDATED LOAN AGREEMENT
RRH Insured Loan to an Individual Operating on a Profit Basis
or
RRH Loan to an Individual Operating on a Limited Profit Basis
or
RRH Loan to a Limited Liability Company
1.

Parties and Terms Defined: The agreement dated

between the undersigned

, (Borrower), whether one or more,

whose address is

, and the United States of America acting

through the Rural Housing Service or a successor agency, United States Department of Agriculture, (Government), is made in
made or insured, or to be made or insured,

consideration of loans, (Loans), to Borrower in the amount of $
by the Government pursuant to section 515(b) of the Housing Act of 1949 to build

projects. The loans may be sold and insured by the Government.
The loans shall be used solely for the specific eligible purposes. for which they are approved by the Government in order to
provide rental housing and related facilities for eligible occupants, as defined by the Government in rural areas. Such
housing, facilities, and the land constituting the site are herein called ''Housing''. The indebtedness and other obligations of
Borrower under the notes evidencing the loans, the related security instrument and any related agreement are herein called
''Loan Obligations''
2.

The following projects are consolidated which involved

loans:

3. Execution of Loan Instruments. To evidence the loans the Borrower has issued promissory (Notes),
signed by the Borrower for the amount of the loans, payable in installments over a period of
years,
bearing interest at a rate, and containing other terms and conditions, prescribed by the Government. To secure the notes or
any indemnity or other agreement required by the Government, the Borrower is to execute a real estate security instrument
giving a lien upon the Housing and upon such other real property of the Borrower as the Government shall require,
including an assignment of the rents, subsidies, revenues and profits as collateral security to be enforced in the event of any
default by the Borrower, and containing other terms and conditions prescribed by the Government. The Borrower is to
execute any other security instruments and other instruments and documents required by the Government in connection
with the making or insuring of the loans.
4. Equal Opportunity and Nondiscrimination Provisions. The Borrower will comply with (a) any undertakings and
agreements required by the Government pursuant to Title VIII of the Civil Rights Act of 1968 as amended by the Fair
Housing Amendments Act of 1988 related to Fair Housing regarding nondiscrimination in the use and occupancy of housing
(b) Form RD 400-1 entitled ''Equal Opportunity Agreement', including an ''Equal Opportunity Clause'' to be incorporated in or
attached as a rider to each construction contract the amount of which exceeds $10,000 and any part of which is paid for with
funds from the loan, and (c) Form RD 400-4, entitled ''Assurance Agreement (under Title VI, Civil Rights Act of 1964)'', a
copy of which is attached hereto and made a part hereof, and any other undertakings and agreements required by the
Government pursuant to lawful authority.
According to the Paper-work Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB
control number. The valid OMB control number for this information collection is 0575-0189. The time required to complete this information
collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the collection of information.

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5. Borrower Contribution. The amount of $
Borrower's own funds for land purchase or development.

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was contributed from the

6. Accounts for Housing Operations and Loan Servicing. The Borrower shall establish on its books the following
accounts, which shall be maintained so long as the loan obligations remain unsatisfied: a General Operating Account, a
Tenant Security Deposit Account and a Reserve Account.
a.

General Operating Account. The Borrower shall from the Borrower's own funds deposit in the General

Operating Account the total amount of $
listed in the loan agreements being consolidated.

consisting of the individual amounts

annually which is the
b. Reserve Account. Transfers at a rate not less than $
total of the amounts listed in the loan agreements being consolidated shall be made to the Reserve Account until the
amount in the Reserve Account reaches the minimum sum of $
or such higher
amount later agreed to by the Government and shall be resumed at any time when necessary, because of disbursements
authorized by the Government from the Reserve Account to restore it to said sum. Withdrawal and use of funds
deposited to this account will be in accordance with 7 CFR part 3560, or any successor regulation. With prior consent
of the Government, funds in the Reserve Account may be used by the Borrower:
1) For any purpose desired by the Borrower, provided the Borrower determines that after such disbursement
(a) the amount in the Reserve Account will be not less than that required by this section to be accumulated by that
time (less any disbursements authorized by the Government), and (b) the amount in the Reserve Account will likely
not fall below that required to be accumulated during the next 12 months.
2)

To pay dividends to the Borrower agreeing to limit the amount of profit to be obtained up to 8 percent per

annum of the Borrower's initial investment of $
provided the Borrower determines
that after such disbursement (a) the amount in the Reserve Account will be not less than that required by this section
to be accumulated by that time (less any disbursements authorized by the Government), and (b) the amount in the
Reserve Account will likely not fall below that required to be accumulated during the next 12 months.
7. Regulatory Covenants. So long as the Loan Obligations remain unsatisfied, the Borrower shall comply with all
appropriate regulations of the Government and shall:
a. Impose and collect such fees, assessments, rents, and charges that the income of the Housing will be sufficient
at all times for operation and maintenance of the Housing, payments on the Loan Obligations, and maintenance of
the required accounts.
b. Establish and maintain complete books and records relating to the Housing's financial affairs, cause such books
and records to be audited at the end of each fiscal year, promptly furnish the Government without request a copy of
each audit report, and permit the Government or its representative to inspect such books and records at all reasonable
times.
c. If required or permitted by the Government, revise the accounts herein provided for, or establish new accounts,
to cover handling and disposition of income from and payment of expenses attributable to the Housing or to any
other property securing the Loan Obligations, and submit regular and special reports concerning the Housing or
financial affairs.
d.

Unless the Government gives prior consent:

1) Not use the Housing for any purpose other than as rental housing and related facilities for eligible
occupants.
2) Not enter into any contract or agreement for improvements or extensions to the Housing or other
property securing the Loan Obligations.

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3) Not cause or permit any transfer or encumbrance of title to the Housing or any part thereof or interest
therein, by sale, mortgage, lease, or otherwise.
4)
e.

Not borrow any money, nor incur any liability which would have a detrimental effect on the housing.

Submit the reports required under 7 CFR part 3560 or any successor regulation for prior review.

f. Take other actions as may be required by the Government in connection with the operation of the Housing, or
with any of the Borrower's operations or affairs which may affect the Housing, the Loan Obligations, or the security.
g. If the return on investment for any year exceeds 8 percent annum of Borrower's initial investment of
the Government may require that the Borrower reduce rents the following
$
year or refund the excess return on the investment to the tenants or use the excess in a manner that will best benefit
the tenants
8.

General Provisions.
a. It is understood and agreed by the Borrower that any loan made or insured will be administered subject to the
limitations of the authorizing act of Congress and related regulations, and that any rights granted to the Government
in this agreement or elsewhere may be exercised by it, in its sole discretion.
b. Borrower shall also comply with all covenants and agreements set forth in the Note, security instrument, and any
related agreements executed by Borrower in connection with the Loan Obligations.
c. The provisions of this agreement are representations to the Government, to induce the Government, to
consolidate the loan agreements of or insure a loan to the Borrower. If the Borrower should fail to comply with or
perform any provision of this agreement or any requirement made by the Government pursuant to this agreement,
such failure shall constitute default as fully as default in payment of amounts due on the Loan Obligations. In the
event of such failure, the Government at its option may require specific performance or declare the entire amount of
the Loan Obligations immediately due and payable and, if such entire amount is not immediately paid, may take
possession of and operate the Housing and proceed to foreclose its security and enforce all other available remedies
or take such other actions as it deems necessary to enforce the provisions of this agreement.
d. To the extent legally permitted, any provisions of this agreement may be waived by the Government in its sole
discretion, or changed by agreement between the Government and the Borrower.
e.

Any notice, consent, approval, waiver, amendment, or agreement must be in writing.

f. The Borrower agrees that no person with a disability will be subjected to discrimination in employment or
denied the benefits of the Housing because of such disability. It will comply with the requirements of the Fair
Housing Act, 42 U.S.C. 3601 et seq., the Fair Housing Amendments Act of 1988, the Rehabilitation Act of 1973, 29
U.S.C. 794, the American with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., and the implementing regulations
of the Department of Agriculture, 7 CFR part 15(b).
g. This Consolidated Loan Agreement shall be subject to the present and future laws and regulations of the
Government.
h.

This agreement maybe cited in the security instrument and any other instruments as the ''Consolidated Loan
, 20

Agreement of
i.

."

Borrower previously entered into Loan Agreements with the Government having the following dates
.

All such previous loan agreements are consolidated into this Consolidated Loan Agreement and the multifamily
housing units covered by such previous loan agreements shall be operated as a single project under the terms and
conditions of this Consolidated Loan Agreement. Violation of this Consolidated Loan Agreement shall constitute an
event of default under the security instruments which may be described in such previous loan agreements.
Position 2
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Borrower has delivered to Government several evidences of debt which provided for payments on various days of each
month. To provide for orderly administration of the indebtedness, Borrower agrees to change the scheduled payment date
on the following promissory notes, assumption agreements, or reamortization agreements to the first day of each following
month until the debt evidenced by each instrument described is paid in full:
Date

Amount

Date

Amount

j. This Consolidated Loan Agreement shall be effective on the date it is approved by Government.

(Approval Date)

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Witness

Borrower

Witness

Borrower

(Approval Official)

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