AMENDED AND RESTATED REGULATORY AGREEMENT ANDRegulatory Agreement And • March 20th, 2023 • California
WHEREAS, pursuant to Chapter 1 of Part 2 of Division 24 of the California Health and Safety Code (as amended, the “Housing Law”), the Owner previously requested and received a funding loan (the “2020 Funding Loan”) pursuant to that certain Funding Loan Agreement, by and among the Citibank, N.A. (the “Funding Lender”), the Governmental Lender and U.S. Bank Trust Company, National Association, formerly known as U.S. Bank National Association, as fiscal agent (the “Fiscal Agent”), dated as of December 1, 2020 (the “2020 Funding Loan Agreement”), which was used to make a borrower loan (the “2020 Borrower Loan”) made pursuant to that certain Borrower Loan Agreement, by and between the Governmental Lender and the Borrower, dated as of December 1, 2020 (the “2020 Borrower Loan Agreement”), to finance a 173 unit plus 2 manager’s units multifamily rental housing project known as “Otay Ranch Apartments” located on the real property site described in Exhibit A hereto (as further described herein,
