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Sue is putting together a multi-family housing project called Acropolis. When completed Acropolis will consist of 150 rental units in three separate 50-unit buildings in an idyllic garden setting. The facility will offer residents common areas for a pool BBQ pits sand volleyball courts laundry facilities a large meeting/party building and of course parking. Concurrent with the building of the first residential structure will be the construction of the pool area and the common areas associated with the respective residential building.
You are the lead paralegal working for the bank who is providing the construction loan for Acropolis. The bank is concerned about getting paid on the funds they disburse and wants to make sure it is protected to the maximum extent possible.
1) In addition to a note and mortgage what other loan documents could be required by Sue’s bank?
2) In the mortgage or the other loan documents what conditions and/or requirements would you recommend be included in the loan documents to protect the banks interests with regard to Sue’s project?
3) Choose three (3) of the most important clauses and explain why you would recommend these conditions and/or requirements.