RES 2011-0690 - Consent to transfer of interest from NCTHP s :` 4, t Planning Department
��►��!�"ems�� R Omaha/Douglas Civic Center
jl t 1819 Farnam Street,Suite 1100® '�c '� { �� t t4� O Omaha,Nebraska 68183
°�, 1�C ry t (402)444 5150
jq Telefax(402)444-6140
°��rFOFE8R�r4� ����`� y1,4�'!'�S
t'�. R.E.Cunningham,RA,F.SAME
City of Omaha Director
Jim Suttle,Mayor
June 7, 2011
Honorable President
and Members of the City Council,
The attached Resolution authorizes the Mayor to execute the documents necessary to provide for
the City's consent to the transfer of interest and indebtedness from NCTHP, Limited Partnership
(Assignor), a Nebraska limited partnership, of which Midwest Housing Assistance Corporation is
General Partner, 13520 California Street, Suite 250, Omaha, Nebraska 68154, to Hope of Glory
Ministries, Inc. (Assignee), a Nebraska Non-profit Corporation., 4325 Bedford Avenue, Omaha,
Nebraska 68104. Further, the attached Resolution amends the terms of the HOME Program
repayable loan related to the Agreement approved on October 27, 1998, by City Council
Resolution No. 2996, as amended, which provided partial funding for the rehabilitation of
property located at 4460-4468 Redman Avenue.
The Agreement between the City of Omaha and NCTHP Limited Partnership provided a HOME
Program repayable loan, in the original amount of $217,875.00, as partial financing of the
renovation of property located at 4460, 4462, 4464, 4466, and 4468 Redman Avenue, into 28
rental housing units for use as transitional housing by formerly homeless families and
individuals. Under terms of this loan, secured by a Deed of Trust and Promissory Note, the
payments are deferred for 15 years. The principal is scheduled to begin amortizing at the interest
rate of 2% for a period of 30 years in 2015. The principal balance of the loan becomes due and
payable upon the sale or transfer of the property. The Assignor has requested the City of
Omaha's consent to the transfer of interest and assignment of its rights and obligations to the
Assignee
The Assignor has provided transitional rental housing for thirteen (13) years but wants to sell the
property as the tax credits have been fully captured. The Assignee desires to purchase the
property from the Assignor and will continue its operation as transitional housing with operating
fund assistance through a grant under the HUD Supportive Housing Program. The Assignor is
willing to forgive its $414,740.41 loan interest and pay off the first mortgage loan balance of
$396,869.00 in order to assure the financial feasibility of continued operation of the property as
transitional housing. The Assignor has made written request to the City asking for the City's
consent to the transfer of title and debt obligations to the Assignee and for modification of the
loan terms to support the continued viability of the project. The modified terms will extend the
payment deferral period for an additional 15 years and reduce the interest rate to 0%.
tes Certified Erosion and Sediment Control Inspector EXHIBIT"B" 1
Page 3 of 4
and bridge
Insp 1-Inspector 1 construction sites. Completes related reports documenting tests performed,
prepare/deliver samples to testing laboratory.
Competency in all Field Technician tasks,conduct on-site inspections of construction
Insp 2-Inspector 2 methods and materials including soil placement and compaction,concrete quality,
placement,and reinforcing steel,and masonry. Documents inspection results in
SiteManager. Communicate test results to construction site management.
EXHIBIT"B"
Page 1 of 4
tan
Utilities District (MUD) and allow water from no other source to be discharged to the sanitary sewer
system. Charges for sewer service for all structures at the YOUTH CAMP shall be based upon water
consumption. MUD will direct bill sewer charges as now and hereafter established in the Omaha
Municipal Code, currently Section 31, Article IV, on each water account on OMAHA's behalf.
The Assignor is further indebted to the City by virtue of a NAHTF Grant Agreement in the
amount of$40,000.00, approved by the City Council on February 2, 2010, by Resolution No.113,
to partially fund additional rehabilitation work on 7 of the 28 rental units. This grant is secured
by an Acknowledgement of Covenant Running with Land, filed on February 16, 2010, as
Instrument No. 2010213826. The Assignor has requested the City's consent to assign this grant
obligation to the Assignee.
Approval of the attached resolution will provide for the City's consent to the transfer of interest,
assignment of both loan and grant obligations, and loan term modification to facilitate the
continued operation of the property as transitional rental housing for formerly homeless
individuals and families. We urge your favorable consideration of this Resolution.
Sincerely, Referred to City Council for
Consideration:
.E. I741111M16"
P
L,../i i d/- /I eat
Cunni _ .SAME 9 5 2S•Zo l/
Planning D i rector Mayor's 0 ice itl Date
ME Program
repayable loan related to the Agreement approved on October 27, 1998, by City Council
Resolution No. 2996, as amended, which provided partial funding for the rehabilitation of
property located at 4460-4468 Redman Avenue.
The Agreement between the City of Omaha and NCTHP Limited Partnership provided a HOME
Program repayable loan, in the original amount of $217,875.00, as partial financing of the
renovation of property located at 4460, 4462, 4464, 4466, and 4468 Redman Avenue, into 28
rental housing units for use as transitional housing by formerly homeless families and
individuals. Under terms of this loan, secured by a Deed of Trust and Promissory Note, the
payments are deferred for 15 years. The principal is scheduled to begin amortizing at the interest
rate of 2% for a period of 30 years in 2015. The principal balance of the loan becomes due and
payable upon the sale or transfer of the property. The Assignor has requested the City of
Omaha's consent to the transfer of interest and assignment of its rights and obligations to the
Assignee
The Assignor has provided transitional rental housing for thirteen (13) years but wants to sell the
property as the tax credits have been fully captured. The Assignee desires to purchase the
property from the Assignor and will continue its operation as transitional housing with operating
fund assistance through a grant under the HUD Supportive Housing Program. The Assignor is
willing to forgive its $414,740.41 loan interest and pay off the first mortgage loan balance of
$396,869.00 in order to assure the financial feasibility of continued operation of the property as
transitional housing. The Assignor has made written request to the City asking for the City's
consent to the transfer of title and debt obligations to the Assignee and for modification of the
loan terms to support the continued viability of the project. The modified terms will extend the
payment deferral period for an additional 15 years and reduce the interest rate to 0%.
tes Certified Erosion and Sediment Control Inspector EXHIBIT"B" 1
Page 3 of 4
and bridge
Insp 1-Inspector 1 construction sites. Completes related reports documenting tests performed,
prepare/deliver samples to testing laboratory.
Competency in all Field Technician tasks,conduct on-site inspections of construction
Insp 2-Inspector 2 methods and materials including soil placement and compaction,concrete quality,
placement,and reinforcing steel,and masonry. Documents inspection results in
SiteManager. Communicate test results to construction site management.
EXHIBIT"B"
Page 1 of 4
tan
Utilities District (MUD) and allow water from no other source to be discharged to the sanitary sewer
system. Charges for sewer service for all structures at the YOUTH CAMP shall be based upon water
consumption. MUD will direct bill sewer charges as now and hereafter established in the Omaha
Municipal Code, currently Section 31, Article IV, on each water account on OMAHA's behalf.
•
ASSUMPTION OF INDEBTEDNESS AGREEMENT (TRUST FUNDS)
THIS ASSUMPTION OF INDEBTEDNESS AGREEMENT (TRUST FUNDS) (the
"Agreement") is made as of June , 2011 (the "Effective Date"), by and among NCTHP,
LIMITED PARTNERSHIP, a Nebraska limited partnership (the "Assignor"), and HOPE OF
GLORYMINISTRIES, INC., a Nebraska nonprofit corporation ("Assignee").
WHEREAS, Assignor is the owner of that certain twenty-eight unit affordable housing
development located at 4460-4468 Redman Avenue, Omaha, Nebraska (the "Project") and
legally described as:
Lot 19, except the West 8 '/2 feet thereof, and Lots 20 and 21, in Laurel Park, an addition
to the City of Omaha, as surveyed,platted and recorded in Douglas County,Nebraska
WHEREAS, the City of Omaha ("Lender") has previously made a $40,000 grant to
Assignor(the "Trust Funds Grant"); and
WHEREAS, as of June , 2011, the total outstanding indebtedness owed to
lender under the Trust Funds Grant was $40,000 (the"Indebtedness"); and
WHEREAS, the Trust Funds Grant is evidenced by a Rental Rehabilitation Program
Agreement (Nebraska Affordable Housing Trust Fund) approved by the Omaha City Council on
February 2, 2010, by Resolution No. 113, and an Acknowledgment of Covenant Running With
the Land dated February 2, 2010, and filed with the Douglas County Recorder as document
number 2010013826, all by and between Assignor and Lender(together, the"Loan Documents")
(the Indebtedness and all other liabilities and obligations of any kind or nature now owing from
Assignee to Lender with respect to the Trust Funds Grant and the Loan Documents are
collectively referred to herein as the "Obligations"); and
WHEREAS, Assignor and Assignee are parties to that certain Purchase and Sale
Agreement dated the day of , 2011 (the "Contract"). As of the
Effective Date, Assignor has sold and conveyed to Assignee, and Assignee has purchased and
acquired from Assignor, the Project, all pursuant to the Contract; and
WHEREAS, in consideration of Assignor transferring the Project to Assignee, Assignor
requires that Assignee assume the Assignor's Obligations under the Trust Funds Grant.
NOW, THEREFORE, in consideration of the foregoing, of the mutual promises of the
parties hereto, and of other good and valuable consideration, the receipt and sufficiency of which.
are hereby acknowledged, the parties hereto agree as follows:
Section 1. Assumption of the Obligations.. As of the Effective Date, Assignee hereby
assumes all of the Obligations and the Loan Documents and agrees to be bound by the terms of
the Loan Documents with the same force and effect as if Assignee had originally executed the
4829-1707-1369.1
sibility of continued operation of the property as
transitional housing. The Assignor has made written request to the City asking for the City's
consent to the transfer of title and debt obligations to the Assignee and for modification of the
loan terms to support the continued viability of the project. The modified terms will extend the
payment deferral period for an additional 15 years and reduce the interest rate to 0%.
tes Certified Erosion and Sediment Control Inspector EXHIBIT"B" 1
Page 3 of 4
and bridge
Insp 1-Inspector 1 construction sites. Completes related reports documenting tests performed,
prepare/deliver samples to testing laboratory.
Competency in all Field Technician tasks,conduct on-site inspections of construction
Insp 2-Inspector 2 methods and materials including soil placement and compaction,concrete quality,
placement,and reinforcing steel,and masonry. Documents inspection results in
SiteManager. Communicate test results to construction site management.
EXHIBIT"B"
Page 1 of 4
tan
Utilities District (MUD) and allow water from no other source to be discharged to the sanitary sewer
system. Charges for sewer service for all structures at the YOUTH CAMP shall be based upon water
consumption. MUD will direct bill sewer charges as now and hereafter established in the Omaha
Municipal Code, currently Section 31, Article IV, on each water account on OMAHA's behalf.
•
same. Assignee shall perform each and all of the Obligations. Assignee, for itself and its
successors and assigns, hereby unconditionally acknowledges that it shall be bound by all
covenants, obligations terms, provisions and conditions applicable to the Loan Documents. On
and after the date hereof, Assignee shall be deemed to be the "Borrower" for all purposes of the
Loan Documents. Assignee hereby agrees that the Obligations and liabilities of Assignor under
or in connection with the Loan Documents shall be enforceable by Lender against Assignee.
Section 2. Authority and Enforceability. Assignee has the full corporate power and
authority to enter into and deliver this Agreement and to incur and perform the obligations
provided for herein, all of which have been approved by all proper and necessary action by
Assignee. With the exception of Lender, no third party approval are necessary for Assignee to
enter into this Agreement. This Agreement is enforceable against Assignee in accordance with its
terms.
Section 3. Binding Agreement. This Agreement shall be binding upon, and inure to the
benefit of, the parties hereto and their successors and assigns, except as otherwise provided
herein.
Section 4. Further Assurances. The parties hereto shall cooperate with each other as
reasonably necessary to give effect to the provisions of this Agreement, including using
reasonable and good-faith efforts to each execute and deliver such additional instruments or
documents which may be reasonably requested to accomplish the purposes and intent of this.
Agreement; provided, however, that nothing in this Section shall be deemed to enlarge the
obligations of the parties hereunder or to require any party to incur any material expense or
liability not otherwise required of it hereunder.
Section 5. Counterparts. This Agreement may be executed in several counterparts, and
all so executed shall constitute one agreement, binding on all the parties hereto. Any counterpart
of this Agreement, which has attached to it separate signature pages which together contain the
signatures of all parties or is executed by an attorney-in-fact on behalf of some or all of the
parties, shall for all purposes be deemed a fully executed instrument.
This Agreement may be executed as facsimile originals and each copy of this Agreement
bearing the facsimile transmitted signature of any party's authorized representative shall be
deemed to be an original.
Section 6. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Nebraska, without regard to principles of conflicts of
laws.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
4829-1707-1369.1 2
as
transitional housing. The Assignor has made written request to the City asking for the City's
consent to the transfer of title and debt obligations to the Assignee and for modification of the
loan terms to support the continued viability of the project. The modified terms will extend the
payment deferral period for an additional 15 years and reduce the interest rate to 0%.
tes Certified Erosion and Sediment Control Inspector EXHIBIT"B" 1
Page 3 of 4
and bridge
Insp 1-Inspector 1 construction sites. Completes related reports documenting tests performed,
prepare/deliver samples to testing laboratory.
Competency in all Field Technician tasks,conduct on-site inspections of construction
Insp 2-Inspector 2 methods and materials including soil placement and compaction,concrete quality,
placement,and reinforcing steel,and masonry. Documents inspection results in
SiteManager. Communicate test results to construction site management.
EXHIBIT"B"
Page 1 of 4
tan
Utilities District (MUD) and allow water from no other source to be discharged to the sanitary sewer
system. Charges for sewer service for all structures at the YOUTH CAMP shall be based upon water
consumption. MUD will direct bill sewer charges as now and hereafter established in the Omaha
Municipal Code, currently Section 31, Article IV, on each water account on OMAHA's behalf.
IN WITNESS WHEREOF, each of the parties hereto have executed this Agreement as of
the date and year first above written.
ASSIGNOR:
NTCHP, LIMITED PARTNERSHIP
By Midwest Housing Assistance Corporation, as
•
general partner
By
Name James K. Rieker
Title President
ASSIGNEE:
HOPE OF GLORY MINISTRIES, INC.
By
Name
Title
4829-1707-1369.1 3
OD \
cm
A) CT) " N It' 0
Sr°n O. EE CrCr0) 4
U4 CCDD vsi 0 A. a. in" VI p
•
r�
r•.�` ,
` �
•
•
•
•
4/26/2011
CONSENT
Lender hereby consents to the assumption of the Loan Documents and the Obligations by
Assignee from Assignor as set forth above.
ATTEST: CITY OF OMAHA, a Municipal Corporation
4///
4
lerk of the ity of Omaha Date May f the ity of Omaha Date
•
•
APPROVED AS TO FORM:
at. fikt,
sdovil
Assistant City Attor ey Date
•
4829-1707-1369.1 4
e
4829-1707-1369.1 3
OD \
cm
A) CT) " N It' 0
Sr°n O. EE CrCr0) 4
U4 CCDD vsi 0 A. a. in" VI p
•
r�
r•.�` ,
` �
•
•
•
•
4/26/2011
STATE OF , '- , NEBRASKA
, /r-,,,,,,..,
F .._, >
y y
F,, �= G
is
United States of America, 1 ;4 Department of State
State of Nebraska 5 ss' I _;,; Lincoln,Nebraska
I, John A. Gale,Secretary of State of Nebraska do hereby certify;
the attached is a true and correct copy of Articles of Amendment to
the Articles of Incorporation of
HOPE OF GLORY CHRISTIAN FELLOWSHIP MINISTRIES, INC.
changing the corporate name to
HOPE OF GLORY MINISTRIES, INC.
with registered office located in OMAHA, Nebraska, as filed in this
office on April 13, 2011.
In Testimony Whereof, I have hereunto set my hand and
affixed the.Great Seal of the State
of Nebraska on April 13, 2011.
:' --c-4731-1.F. ST.4-4,,,*,,i - 4.
.„....„, ,,,,,,..,„4-.4.:,:qi.i..-- . ,
` SECRETARY OF STATE
{ d
w rg ,ia r,'
This certificate is not to be construed as an endorsement,'
` ft . _t ��cy�� recommendation, or notice of approval of the entity's
'l�t�\9.$L'H 1,• l� financial condition or business activities and practices.
Section 4. Further Assurances. The parties hereto shall cooperate with each other as
reasonably necessary to give effect to the provisions of this Agreement, including using
reasonable and good-faith efforts to each execute and deliver such additional instruments or
documents which may be reasonably requested to accomplish the purposes and intent of this.
Agreement; provided, however, that nothing in this Section shall be deemed to enlarge the
obligations of the parties hereunder or to require any party to incur any material expense or
liability not otherwise required of it hereunder.
Section 5. Counterparts. This Agreement may be executed in several counterparts, and
all so executed shall constitute one agreement, binding on all the parties hereto. Any counterpart
of this Agreement, which has attached to it separate signature pages which together contain the
signatures of all parties or is executed by an attorney-in-fact on behalf of some or all of the
parties, shall for all purposes be deemed a fully executed instrument.
This Agreement may be executed as facsimile originals and each copy of this Agreement
bearing the facsimile transmitted signature of any party's authorized representative shall be
deemed to be an original.
Section 6. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Nebraska, without regard to principles of conflicts of
laws.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
4829-1707-1369.1 2
as
transitional housing. The Assignor has made written request to the City asking for the City's
consent to the transfer of title and debt obligations to the Assignee and for modification of the
loan terms to support the continued viability of the project. The modified terms will extend the
payment deferral period for an additional 15 years and reduce the interest rate to 0%.
tes Certified Erosion and Sediment Control Inspector EXHIBIT"B" 1
Page 3 of 4
and bridge
Insp 1-Inspector 1 construction sites. Completes related reports documenting tests performed,
prepare/deliver samples to testing laboratory.
Competency in all Field Technician tasks,conduct on-site inspections of construction
Insp 2-Inspector 2 methods and materials including soil placement and compaction,concrete quality,
placement,and reinforcing steel,and masonry. Documents inspection results in
SiteManager. Communicate test results to construction site management.
EXHIBIT"B"
Page 1 of 4
tan
Utilities District (MUD) and allow water from no other source to be discharged to the sanitary sewer
system. Charges for sewer service for all structures at the YOUTH CAMP shall be based upon water
consumption. MUD will direct bill sewer charges as now and hereafter established in the Omaha
Municipal Code, currently Section 31, Article IV, on each water account on OMAHA's behalf.
NE Sce of S{o{e John R Cole - CORP NM
I 1111111111 Illll Illll IIIII IIIII Ills III
1001056774 Pgs: 1
HOPE OF GLORY MINISTRIES, INC.
Filed: 04/13/2011 02:05 PM
Hope of Glory Christian Fellowship Ministries Inc.
Articles Of Amendment
Of
Articles Of Incorporation
•
Article One
The Name Of The Corporation Is:
Hope of Glory Christian Fellowship Ministries,Inc.
Article Two
The Corporation Hereby Adopts The Following Amendment To Change The Name Of The Corporation.
The New Name Of The Corporation Is:
Hope of Glory Ministries,Inc.
' Article Three
The amendment was adopted by a sufficient quorum vote of the board of directors
without member approval as member approval was not required •
Article Four
The Date Of The Adoption Of The Amendment Was:
March 1,2011
IN WITNESS WHEREOF,the undersigned has executed these Articles Of Amendment
On April 7,2011
• Bruce L.Williams
President
'l�t�\9.$L'H 1,• l� financial condition or business activities and practices.
Section 4. Further Assurances. The parties hereto shall cooperate with each other as
reasonably necessary to give effect to the provisions of this Agreement, including using
reasonable and good-faith efforts to each execute and deliver such additional instruments or
documents which may be reasonably requested to accomplish the purposes and intent of this.
Agreement; provided, however, that nothing in this Section shall be deemed to enlarge the
obligations of the parties hereunder or to require any party to incur any material expense or
liability not otherwise required of it hereunder.
Section 5. Counterparts. This Agreement may be executed in several counterparts, and
all so executed shall constitute one agreement, binding on all the parties hereto. Any counterpart
of this Agreement, which has attached to it separate signature pages which together contain the
signatures of all parties or is executed by an attorney-in-fact on behalf of some or all of the
parties, shall for all purposes be deemed a fully executed instrument.
This Agreement may be executed as facsimile originals and each copy of this Agreement
bearing the facsimile transmitted signature of any party's authorized representative shall be
deemed to be an original.
Section 6. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Nebraska, without regard to principles of conflicts of
laws.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
4829-1707-1369.1 2
as
transitional housing. The Assignor has made written request to the City asking for the City's
consent to the transfer of title and debt obligations to the Assignee and for modification of the
loan terms to support the continued viability of the project. The modified terms will extend the
payment deferral period for an additional 15 years and reduce the interest rate to 0%.
tes Certified Erosion and Sediment Control Inspector EXHIBIT"B" 1
Page 3 of 4
and bridge
Insp 1-Inspector 1 construction sites. Completes related reports documenting tests performed,
prepare/deliver samples to testing laboratory.
Competency in all Field Technician tasks,conduct on-site inspections of construction
Insp 2-Inspector 2 methods and materials including soil placement and compaction,concrete quality,
placement,and reinforcing steel,and masonry. Documents inspection results in
SiteManager. Communicate test results to construction site management.
EXHIBIT"B"
Page 1 of 4
tan
Utilities District (MUD) and allow water from no other source to be discharged to the sanitary sewer
system. Charges for sewer service for all structures at the YOUTH CAMP shall be based upon water
consumption. MUD will direct bill sewer charges as now and hereafter established in the Omaha
Municipal Code, currently Section 31, Article IV, on each water account on OMAHA's behalf.
)RP RP
•
• 11I1I II1 111111 I I 11111 11111 III III
1000135012 Pes4
HOPE OF GLORY CHRISTIAN FELLOW
Filed 07/21/2000 08 56 A11
ARTICLES OF INCORPORATION
OF
HOPE OF GLORY CHRISTIAN FELLOWSHIP MINISTRIES, INC.
The undersigned, acting as incorporators under the Nebraska Non-profit Corporation Act, adopt
the following Articles of Incorporation for such Corporation:
Article I—Name
The name of the Corporation is Hope Of Glory Christian Fellowship Ministries,Inc.,referred to
in these Articles of Incorporation as"the Corporation"
Article II—Type
This corporation is a public benefit.corporation.
Article III—Existence
The existence of the Corporation will be perpetual.
Article IV—Registered office and Registered Agent
The registered office of the Corporati will be 4325 Bedford Avenue, Omaha,NE 68104 and
the registered agent at such address,� e the-same. The principal office of the Corporation will
be the same. `P& f\`( i S.
Article V—Incorporators
The name and street address of the incorporators are as follows:
NAME STREET ADDRESS
BRUCE L. WILLIAMS 4325 BEDFORD AVE, 68104, O Yti..2 V
PATRICIA S. WILLIAMS 4325 BEDFORD AVE, 68104) vv
Article VT—Purposes
The purposes for which the Corporation is formed, and the business and objects to be carried on
and promoted by it, are as follows:
(a) Authorized Purposes. The Corporation is organized exclusively for religious
purposes.In particular,the Corporation is a church and a non-profit organization dedicated to
on shall be deemed to enlarge the
obligations of the parties hereunder or to require any party to incur any material expense or
liability not otherwise required of it hereunder.
Section 5. Counterparts. This Agreement may be executed in several counterparts, and
all so executed shall constitute one agreement, binding on all the parties hereto. Any counterpart
of this Agreement, which has attached to it separate signature pages which together contain the
signatures of all parties or is executed by an attorney-in-fact on behalf of some or all of the
parties, shall for all purposes be deemed a fully executed instrument.
This Agreement may be executed as facsimile originals and each copy of this Agreement
bearing the facsimile transmitted signature of any party's authorized representative shall be
deemed to be an original.
Section 6. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Nebraska, without regard to principles of conflicts of
laws.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
4829-1707-1369.1 2
as
transitional housing. The Assignor has made written request to the City asking for the City's
consent to the transfer of title and debt obligations to the Assignee and for modification of the
loan terms to support the continued viability of the project. The modified terms will extend the
payment deferral period for an additional 15 years and reduce the interest rate to 0%.
tes Certified Erosion and Sediment Control Inspector EXHIBIT"B" 1
Page 3 of 4
and bridge
Insp 1-Inspector 1 construction sites. Completes related reports documenting tests performed,
prepare/deliver samples to testing laboratory.
Competency in all Field Technician tasks,conduct on-site inspections of construction
Insp 2-Inspector 2 methods and materials including soil placement and compaction,concrete quality,
placement,and reinforcing steel,and masonry. Documents inspection results in
SiteManager. Communicate test results to construction site management.
EXHIBIT"B"
Page 1 of 4
tan
Utilities District (MUD) and allow water from no other source to be discharged to the sanitary sewer
system. Charges for sewer service for all structures at the YOUTH CAMP shall be based upon water
consumption. MUD will direct bill sewer charges as now and hereafter established in the Omaha
Municipal Code, currently Section 31, Article IV, on each water account on OMAHA's behalf.
being a vessel of God's mercy for those who have lost hope because of drug addiction. To
restore to them an abundant life that is only found through Jesus Christ.
(b) Prohibited Purposes.No part of the net earnings of the Corporation shall inure to
the benefit of, or be distributable to its members, directors, officers, or other private persons,
except that the Corporation shall be authorized and empowered to pay reasonable compensation
for services actually rendered and to make payments and distributions. in furtherance of its
exempt purposes. No subsequent part of the activities of the Corporation shall consist of the
canying on of propaganda, or otherwise attempting to influence legislation, and the Corporation
shall not participate in, or intervene in (including the publishing or distribution of statements)
any political campaign on behalf of or in opposition to any candidate for public office.
Notwithstanding any other provision of these articles, the Corporation shall not carry on any
other activities not permitted to be carried on (1) by a corporation exempt from Federal income
taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or the
corresponding section of any future United States Internal Revenue law, or (2) by a corporation,
contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of
1986, as 'amended, or the corresponding section of any future United States Internal Revenue
law.
(c) Additional Tax Requirements. The Corporation shall distribute its income for
each taxable year at such time and in such manner as not to become subject to the tax on
undistributed income imposed by Section 4942 of the Internal Revenue Code of 1986, as
amended, or the corresponding section of any future United States Internal Revenue law. The
Corporation shall not:.
(1) engage in any act of self-dealing as defined in Section 4941(d)of the Internal
Revenue Code, as it now exists or may be amended;
(2) retain any excess business holdings as defined in Section 4943(c) of the Internal
Revenue Code, as it now exists or may be amended;
(3) make any investments subjecting it to taxation under Section 4944 of the Internal
Revenue Code, as it now exists or may be amended;and
(4) make any taxable expenditures as defined in Section 4945(d) of the Internal
Revenue Code, as it now exists or may be amended.
e shall be
deemed to be an original.
Section 6. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Nebraska, without regard to principles of conflicts of
laws.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
4829-1707-1369.1 2
as
transitional housing. The Assignor has made written request to the City asking for the City's
consent to the transfer of title and debt obligations to the Assignee and for modification of the
loan terms to support the continued viability of the project. The modified terms will extend the
payment deferral period for an additional 15 years and reduce the interest rate to 0%.
tes Certified Erosion and Sediment Control Inspector EXHIBIT"B" 1
Page 3 of 4
and bridge
Insp 1-Inspector 1 construction sites. Completes related reports documenting tests performed,
prepare/deliver samples to testing laboratory.
Competency in all Field Technician tasks,conduct on-site inspections of construction
Insp 2-Inspector 2 methods and materials including soil placement and compaction,concrete quality,
placement,and reinforcing steel,and masonry. Documents inspection results in
SiteManager. Communicate test results to construction site management.
EXHIBIT"B"
Page 1 of 4
tan
Utilities District (MUD) and allow water from no other source to be discharged to the sanitary sewer
system. Charges for sewer service for all structures at the YOUTH CAMP shall be based upon water
consumption. MUD will direct bill sewer charges as now and hereafter established in the Omaha
Municipal Code, currently Section 31, Article IV, on each water account on OMAHA's behalf.
•
•
Article VII- Powers
The Corporation is empowered:
(a) To buy, own, sell, assign,mortgage, or lease any interest in real estate and
property.
(b) To borrow money and issue evidence of indebtedness in furtherance of any or all
of the objects of its business, and to secure the same by mortgage, pledge or other lien on the
Corporation's property.
(c) To purchase errors and omissions insurance, and other officer, trustee, and employee
liability insurance, casualty insurance, automobile insurance, umbrella liability insurance, life
insurance, or any other type of insurance.
(d) To do and perform all acts reasonably necessary to accomplish the purposes of the
Corporation in accordance with the provisions of these Articles and Nebraska Revised Statutes
Section 21-1928 (1997).
Article VIII-Members
The corporation shall not have members.
Article IX-Dissolution
In the event the Corporation is ever dissolved, then, after paying or making provisions for the
payment of all of the liabilities of the Corporation, all of the remaining assets of the Corporation
shall be distributed, in the discretion of the Board of Directors, only to one or more organizations
created and operated generally for the same exempt mission as set forth in Article VI, above,
within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or
the corresponding section of any future United States Internal Revenue law. Any such assets not
so disposed of shall be disposed of by a court of competent jurisdiction of the county in which
the principal office of the Corporation is then located, exclusively for such mission described
above or to, such organization or organizations, as said court shall determine, which are
organized and operated exclusively for such purposes.
Article X- Officers
The officers of the Corporation,as provided by the Bylaws of the Corporation, shall be appointed by
the directors of the Corporation,in the manner set out in the Bylaws,and shall serve until their
successors are appointed and have qualified.The directors shall appoint the regular officers of the
Corporation at the annual meeting.The secretary and treasurer may be one and the same person.
Code, as it now exists or may be amended;and
(4) make any taxable expenditures as defined in Section 4945(d) of the Internal
Revenue Code, as it now exists or may be amended.
e shall be
deemed to be an original.
Section 6. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Nebraska, without regard to principles of conflicts of
laws.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
4829-1707-1369.1 2
as
transitional housing. The Assignor has made written request to the City asking for the City's
consent to the transfer of title and debt obligations to the Assignee and for modification of the
loan terms to support the continued viability of the project. The modified terms will extend the
payment deferral period for an additional 15 years and reduce the interest rate to 0%.
tes Certified Erosion and Sediment Control Inspector EXHIBIT"B" 1
Page 3 of 4
and bridge
Insp 1-Inspector 1 construction sites. Completes related reports documenting tests performed,
prepare/deliver samples to testing laboratory.
Competency in all Field Technician tasks,conduct on-site inspections of construction
Insp 2-Inspector 2 methods and materials including soil placement and compaction,concrete quality,
placement,and reinforcing steel,and masonry. Documents inspection results in
SiteManager. Communicate test results to construction site management.
EXHIBIT"B"
Page 1 of 4
tan
Utilities District (MUD) and allow water from no other source to be discharged to the sanitary sewer
system. Charges for sewer service for all structures at the YOUTH CAMP shall be based upon water
consumption. MUD will direct bill sewer charges as now and hereafter established in the Omaha
Municipal Code, currently Section 31, Article IV, on each water account on OMAHA's behalf.
•
• •
•
•
•
•
Article XI -Annual Meeting •
• •
The annual meeting shall be held in February of each year.
•
Article XII- Bylaws •
Bylaws of the Corporation may be adopted or amended by the directors at any regular meeting or
any special meeting called for that purpose, so long as they are not inconsistent with the
provisions of these Articles.
Signed by the incorporators this day of 2000.
e •
BRUCE L. WILLIAMS PATRICIA S. WILLIAMS
4325 BEDFORD AVE, 68104 • 4325 BEDFORD AVE, 68104
•
•
•
•
•
•
•
• •
•
•
4
•
•
•
•
'; RE Sint{ft
IMill I1IIIII I11t1 IIIII 111 111 11 ARTICLES OF AMENDMENT
1000237394
FHOPE iled: 9/ORY 18/200R1I12IAN FELLOW
54 PM
We the undersigned natural persons of the age of majority acting as incorporators of a
corporation under the Nebraska Nonprofit Corporation Act, adopt the following
Amendments to Articles of Incorporation.
Hope of Glory Christian Fellowship Ministries,Inc., a Nebraska corporation, with the
consent of Jeremiah McGhee,Bruce Williams,Perry Pbyner,Mary Sivels and Patricia
Williams (Board Members) does hereby adopt and subscribe to the following: '
acQ
Restate Article'VI—Purposes
•
Article VI-Purposes
Hope of Glory Christian Fellowship Ministries,Inc.,is organized exclusively for
charitable;religious, and educational purposes, including for such purposes,providing
transitional housing units designed to assist homeless persons and families in their efforts
to-transition from homelessness to independent'living, including providing support
• services and training that will lead them to greater self-sufficiency and an improved
quality of life as they strive towards a successfuttransition from homelessness and
• emergency shelter to permanent housing.
•
•
•
Adopted'and dated Monday, September 17, 2001
remiah McGhee,President Bruce Williams,.Vice President
tion of any future United States Internal Revenue law. Any such assets not
so disposed of shall be disposed of by a court of competent jurisdiction of the county in which
the principal office of the Corporation is then located, exclusively for such mission described
above or to, such organization or organizations, as said court shall determine, which are
organized and operated exclusively for such purposes.
Article X- Officers
The officers of the Corporation,as provided by the Bylaws of the Corporation, shall be appointed by
the directors of the Corporation,in the manner set out in the Bylaws,and shall serve until their
successors are appointed and have qualified.The directors shall appoint the regular officers of the
Corporation at the annual meeting.The secretary and treasurer may be one and the same person.
Code, as it now exists or may be amended;and
(4) make any taxable expenditures as defined in Section 4945(d) of the Internal
Revenue Code, as it now exists or may be amended.
e shall be
deemed to be an original.
Section 6. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Nebraska, without regard to principles of conflicts of
laws.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
4829-1707-1369.1 2
as
transitional housing. The Assignor has made written request to the City asking for the City's
consent to the transfer of title and debt obligations to the Assignee and for modification of the
loan terms to support the continued viability of the project. The modified terms will extend the
payment deferral period for an additional 15 years and reduce the interest rate to 0%.
tes Certified Erosion and Sediment Control Inspector EXHIBIT"B" 1
Page 3 of 4
and bridge
Insp 1-Inspector 1 construction sites. Completes related reports documenting tests performed,
prepare/deliver samples to testing laboratory.
Competency in all Field Technician tasks,conduct on-site inspections of construction
Insp 2-Inspector 2 methods and materials including soil placement and compaction,concrete quality,
placement,and reinforcing steel,and masonry. Documents inspection results in
SiteManager. Communicate test results to construction site management.
EXHIBIT"B"
Page 1 of 4
tan
Utilities District (MUD) and allow water from no other source to be discharged to the sanitary sewer
system. Charges for sewer service for all structures at the YOUTH CAMP shall be based upon water
consumption. MUD will direct bill sewer charges as now and hereafter established in the Omaha
Municipal Code, currently Section 31, Article IV, on each water account on OMAHA's behalf.
•
Hope of Glory Ministries
Williams Prepared Place
BOARD OF DIRECTORS
President Secretary/Treasurer
Rev. Marshall McGee Rev. Pat Williams
McGee Ministries, Inc. Program Administrator
8920 Curtis Circle Ste 102 Williams Prepared Place
Omaha, NE 68134 3525 Evans St.
402.578.5024 Omaha NE 68111
marshallrandinaol.com 402.991.3948
402.208.1265
pastorpat@hogcf.org
Vice President Catherine Cook
Ward A. Chambers, M.D. 2433 Fontenelle Blvd
University of Nebraska Medical Center Omaha NE 68104
Associate Dean for Outreach and Planning
Campus Executive Director for Community
and Multicultural Affairs
984040 Nebraska Medical Center
Omaha, NE 68198
402.559.3595
•
Rev. Bruce Williams
(Formerly Homeless)
Program Director Dr. Joseph C. Stankus
Williams Prepared Place Psychologist PHD
3525 Evans St. 5620 Ames# 109
Omaha.NE 68111 Omaha NE 68104
402.991.3948 402.680.8214
402.208.1611
pastorbruce@hogcf.org
Williams Prepared Place
3525 Evans Street
Omaha,NE 68111
402.991.3948
Fax: 402.991.8162
Adopted'and dated Monday, September 17, 2001
remiah McGhee,President Bruce Williams,.Vice President
tion of any future United States Internal Revenue law. Any such assets not
so disposed of shall be disposed of by a court of competent jurisdiction of the county in which
the principal office of the Corporation is then located, exclusively for such mission described
above or to, such organization or organizations, as said court shall determine, which are
organized and operated exclusively for such purposes.
Article X- Officers
The officers of the Corporation,as provided by the Bylaws of the Corporation, shall be appointed by
the directors of the Corporation,in the manner set out in the Bylaws,and shall serve until their
successors are appointed and have qualified.The directors shall appoint the regular officers of the
Corporation at the annual meeting.The secretary and treasurer may be one and the same person.
Code, as it now exists or may be amended;and
(4) make any taxable expenditures as defined in Section 4945(d) of the Internal
Revenue Code, as it now exists or may be amended.
e shall be
deemed to be an original.
Section 6. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Nebraska, without regard to principles of conflicts of
laws.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
4829-1707-1369.1 2
as
transitional housing. The Assignor has made written request to the City asking for the City's
consent to the transfer of title and debt obligations to the Assignee and for modification of the
loan terms to support the continued viability of the project. The modified terms will extend the
payment deferral period for an additional 15 years and reduce the interest rate to 0%.
tes Certified Erosion and Sediment Control Inspector EXHIBIT"B" 1
Page 3 of 4
and bridge
Insp 1-Inspector 1 construction sites. Completes related reports documenting tests performed,
prepare/deliver samples to testing laboratory.
Competency in all Field Technician tasks,conduct on-site inspections of construction
Insp 2-Inspector 2 methods and materials including soil placement and compaction,concrete quality,
placement,and reinforcing steel,and masonry. Documents inspection results in
SiteManager. Communicate test results to construction site management.
EXHIBIT"B"
Page 1 of 4
tan
Utilities District (MUD) and allow water from no other source to be discharged to the sanitary sewer
system. Charges for sewer service for all structures at the YOUTH CAMP shall be based upon water
consumption. MUD will direct bill sewer charges as now and hereafter established in the Omaha
Municipal Code, currently Section 31, Article IV, on each water account on OMAHA's behalf.
•
•
•
Hope of Glory Ministries Inc.
Resolution to Acquire Real Estate
•
RESOLUTIONS ADOPTED.At a meeting of the Directors of the Corporation, duly called and held on March 1,
2011, at which a quorum was present and voting, the resolutions set forth in this Resolution were adopted.
OFFICERS.The following named persons, who are officers of the Corporation, are authorized, empowered, and
directed to take the actions authorized below for and on behalf of the Corporation:-1
Name Title /Act•al. 1Sianat6e
Patricia.S.Williams Secretary ,l •
r
f
ACTIONS AUTHORIZED.Any one of the authorized officers listed above--. ay enter into any agreements of
any nature with Midwest Equity Housing Group and NCTHP Limited Partnership, and those agreements will bind
•the Corporation. Specifically, but without limitation, any one of the authorized officers is authorized, empowered, •
and directed to do the following for and on behalf of the Corporation:
• WHEREAS, the Corporation requires additional facilities for the operation of its business, and WHEREAS, it
would be desirous to own rather than rent said premises,be it:
•
RESOLVED, that the Corporation acquire real estate known or described as Lot 19, except the West 8 % feet
• thereof, and Lots 20 and 21, in Laurel Park, an addition to the City of Omaha, as surveyed,platted and recorded in
• Douglas County from Midwest Equity Housing Group and NCTHP Limited Partnership.
• Grant Security. To mortgage,pledge, transfer;endorse,hypothecate, or otherwise encumber and deliver to a
lender any property now or hereafter belonging to the Corporation or in which the Corporation now or hereafter
may have an interest,including without limitation all of the Corporation's real property and-all of the
Corporation's personal property(tangible.or intangible), as security for the payment of any loans or credit
• accommodations so obtained, any promissory notes so executed(including an amendments to or modifications,
renewals, and extensions of such promissory notes), or any further indebtedness of the Corporation to a lender at
any time owing, however the same may be evidenced. Such property may be mortgaged,pledged,transferred,
endorsed,hypothecated or encumbered at the time such loans are obtained or such indebtedness is incurred,or at
any other time or times, and may be either in addition to or in lieu of any property theretofore mortgaged, pledged,
transferred, endorsed,hypothecated or encumbered.
• Execute Security Documents.To execute and deliver forms of mortgage,deed oltrust, pledge agreement,
hypothecation agreement, and other security agreements and financing statements which a lender may require and
which shall evidence the terms and conditions under and pursuant to which such liens and encumbrances, or any of
them, are given; and also to execute and deliver to a lender any other written instruments, and chattel paper, or any
other collateral, of any kind or nature,which a lender may deem necessary or proper in connection with or
pertaining to the giving of the liens and encumbrances.
• Further Acts.To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to atrial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
on,concrete quality,
placement,and reinforcing steel,and masonry. Documents inspection results in
SiteManager. Communicate test results to construction site management.
EXHIBIT"B"
Page 1 of 4
tan
Utilities District (MUD) and allow water from no other source to be discharged to the sanitary sewer
system. Charges for sewer service for all structures at the YOUTH CAMP shall be based upon water
consumption. MUD will direct bill sewer charges as now and hereafter established in the Omaha
Municipal Code, currently Section 31, Article IV, on each water account on OMAHA's behalf.
•
CERTIFICATION CONCERNING OFFICERS AND RESOLUTIONS.The officers named above are duly
elected or appointed by or for the Corporation, as the case may be, and occupy the position set opposite their
respective names. This.Resolution now stands of record on the books of the Corporation, is in full force and effect,
and has not been modified or revoked in any manner whatsoever.
• IN TESTIMONY WHEREOF,I have hereunto set my hand and attest that each of the signatures set opposite the
name listed above is the genuine signature of the named officer.
I have read all the provisions of this Resolution, and I personally and on behalf of the Corporation certify that this
Resolution.accurately reflects the actions taken by the Corporation.
•
The undersigned hereby certified that she is the duly elected and qualified Secretary and.the custodian of the books
and records and seal of Hope of Glory Ministries,Inc. ,a corporation duly formed pursuant to the laws of the state of
Nebraska and that the foregoing is a true record of a resolution duly adopted at a meeting Of the Board of Directors
and that said meeting was held in accordance with state law and the Bylaws of the above-named Corporation on
March 1,2011,and.that said resolution is now in full force and effect without modification or rescission.
IN,WITNE S WHEREOF,I have executed my name as Secretary of the above-named Corporation this 7th day of
�Ypril 2011.
/ v
Patricia S.Williai •
Secretary
•
•
•
••
and NCTHP Limited Partnership.
• Grant Security. To mortgage,pledge, transfer;endorse,hypothecate, or otherwise encumber and deliver to a
lender any property now or hereafter belonging to the Corporation or in which the Corporation now or hereafter
may have an interest,including without limitation all of the Corporation's real property and-all of the
Corporation's personal property(tangible.or intangible), as security for the payment of any loans or credit
• accommodations so obtained, any promissory notes so executed(including an amendments to or modifications,
renewals, and extensions of such promissory notes), or any further indebtedness of the Corporation to a lender at
any time owing, however the same may be evidenced. Such property may be mortgaged,pledged,transferred,
endorsed,hypothecated or encumbered at the time such loans are obtained or such indebtedness is incurred,or at
any other time or times, and may be either in addition to or in lieu of any property theretofore mortgaged, pledged,
transferred, endorsed,hypothecated or encumbered.
• Execute Security Documents.To execute and deliver forms of mortgage,deed oltrust, pledge agreement,
hypothecation agreement, and other security agreements and financing statements which a lender may require and
which shall evidence the terms and conditions under and pursuant to which such liens and encumbrances, or any of
them, are given; and also to execute and deliver to a lender any other written instruments, and chattel paper, or any
other collateral, of any kind or nature,which a lender may deem necessary or proper in connection with or
pertaining to the giving of the liens and encumbrances.
• Further Acts.To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to atrial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
on,concrete quality,
placement,and reinforcing steel,and masonry. Documents inspection results in
SiteManager. Communicate test results to construction site management.
EXHIBIT"B"
Page 1 of 4
tan
Utilities District (MUD) and allow water from no other source to be discharged to the sanitary sewer
system. Charges for sewer service for all structures at the YOUTH CAMP shall be based upon water
consumption. MUD will direct bill sewer charges as now and hereafter established in the Omaha
Municipal Code, currently Section 31, Article IV, on each water account on OMAHA's behalf.
I
• iI !+II�III Nebr Doc
III III I I Ni I
Stamp Tax
5549 158 MTG
Date
•
•
DEED OF TRUST, CONSTRUCTION SECURITY AGREEMENT
AND ASSIGNMENT OF RENTS
THIS CONSTRUCTION SECURITY AGREEMENT (HEREINAFTER MAY BE REFERRED TO AS
SECURITY AGREEMENT) SECURES AN OBLIGATION WHICH THE DEBTOR INCURRED FOR THE
PURPOSES OF MAKING IMPROVEMENTS ON THE REAL PROPERTY DESCRIBED BELOW.
THIS DEED OF TRUST, CONSTRUCTION SECURITY AGREEMENT AND ASSIGNMENT OF RENTS made this 18th
day of December, 1998 among NCTHP Limited Partnership,a Nebraska Non-Profit Corporation,as Trustor;
Jackie Barfield, Attorney-at-Law, 2505 North 24th Street, Omaha, Nebraska, 68110,
as Trustee; and, _
City of Omaha,a Municipal Corporation, 1819 Farnam Street,Omaha, Nebraska,68183,
FEE c )__F z,5D •z1//�-0
as Beneficiary: BKr C; CON,
WITNESSETH: DEL •I S^a 1J FV
That Trustor irrevocably grants,transfers and assigns to Trustee in trust,with power of sale,the following described Real Estate:
Lot 19, except the West 8 1/2 feet thereof, and Lots 20 and 21, in Laurel Park, an Addition to the City of Omaha, as surveyed, platted
and recorded in Douglas County, Nebraska(commonly known as 4460,4462,4464,4466 and 4468 Redman Avenue)
together with all interest which Trustor now has or may hereafter acquire in and to said Real Estate and in and to: (a)all easements and
rights of way appurtenant thereto and all of the estate, right, title, interest, claim and demand whatsoever of Trustor in the Real Estate,
either at law or in equity, now or hereafter acquired: (b)all structures,buildings and improvements of every kind and description now or
at any time hereafter located or placed on the Real Estate (the"Improvements"); (c) all machinery, appliances, apparatus, equipment
and fixtures now or hereafter located in, upon or under the Real Estate or the Improvements, or any part thereof, and used or usable in
connection with any present or future operation thereof, and all additions thereto and replacements therefore; (d) all articles of personal
property and any additions to, substitutions for, changes in or replacements of the whole or any part thereof, including, without
limitation, all furniture and furnishings, now or at any time hereafter affixed to, attached to, placed upon or used in any way in
connection with the use, enjoyment, occupancy or operation of the Real Estate or the Improvements, or any portion thereof,and owned
by the Trustor or in which Trustor now has or hereafter acquires an interest; (3) all of the rents, royalties, issues and profits of the Real
Estate and the Improvements, or arising from the use or enjoyment of all or any portion thereof or from any lease, license,concession,
occupancy agreement or other agreement pertaining thereto(the"Rents and Profits"), and all right,title and interest of Trustor in and to
all leases, licenses and occupancy agreements of the Real Estate or of the Improvements now or hereafter entered into and all right,
title and interest of Trustor thereunder, including without limitation, cash or securities deposited thereunder to secure performance by
tenants, lessees or licensees, as applicable, of their obligations thereunder; (f) all building materials and supplies now or hereafter
placed on the Real Estate or in the Improvements; (g) all proceeds of the conversion,voluntary or involuntary, of any of the foregoing
into cash or liquidated claims, including,without limitation,proceeds of insurance and condemnation awards;and(h)all other or greater
rights and interests of every nature in the Real Estate and the Improvements and in the possession or use thereof and income
therefrom, whether now owned or subsequently acquired by Trustor. The property so conveyed hereunder is hereinafter referred to as
"such property".
FOR THE PURPOSE OF SECURING:
A. Payment of the principal sum of Two Hundred Seventeen Thousand Eight Hundred Seventy-Five Dollars
($217,875.00) evidenced by that certain promissory note dated of even date herewith (hereinafter referred to as the "Promissory
Note") issued by Trustor in said amount and payable to the order of Beneficiary, together with interest thereon, late charges and
prepayment bonuses according to the terms of the Promissory Note and all renewals, extensions and modifications thereof.
B. Performance, discharge of and compliance with every obligation, covenant and agreement of Trustor incorporated by reference
or contained herein or in any other security agreement or deed of trust at any time given to secure any indebtedness hereby secured,
or any part thereof, including the Redevelopment Agreement with the City of Omaha dated October 27, 1998 and approved by City
Council Resolution No. 2996
� , •,. � ,. ram _..
C. Payment of all fees and charges of Beneficiary,whether or not set forth herein.
D. Payment of future advances necessary to protect such property.
E. Payment of future advances to be made at the option of Trustor and Beneficiary.
TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS:
1. Title: That it is lawfully seized and possessed of a good and indefeasible title and estate to such property in fee simple and will
forever warrant and defend the title thereto against the claims and demands of all persons whosoever; that it will at its expense,
maintain and preserve the lien of this Deed of Trust as no less than a fourth lien position during construction subordinate to amounts
not to exceed$1,366,762.00. upon such property. Following completion of construction and repayment of the construction loans, the
City's lien would move to a second position for the remaining term of the loan subordinate to an amount not to exceed$316,677.00 or
the actual amount of the first mortgage financing, tax increment financing and reasonable closing costs..
2. Maintenance: To keep such property in good condition and repair; to complete or restore promptly and in good and
workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay, when due, all claims for labor
performed and materials furnished therefor and for any alterations thereof; to comply with the provisions of restrictions affecting such
property; not to remove, demolish or materially alter any building, or the character or use thereof at any time thereon; not to drill or
extract nor to permit the drilling for or extraction of oil, gas or other hydrocarbon substances or any mineral of any kind unless the
written consent of Beneficiary is first had and obtained; not to commit or permit any waste thereof or any act upon such property in
violation of law;to do all other acts in a timely and proper manner which from the character or use of such property may be reasonably
necessary to protect and preserve said security,the specific enumerations herein not excluding the general.
3. Construction of Improvements: To complete in good and workmanlike manner any building or improvement or repair
relating thereto which may be begun on such property or contemplated by the loan secured hereby, to pay when due all costs and
liabilities incurred therefor, and not to permit any construction lien against such property. Trustor also agrees, anything in this Deed of
Trust to the contrary notwithstanding: (a) to promptly commence work and to complete the proposed improvements promptly, (b) to
complete same in accordance with plans and specifications as approved by Beneficiary, (c) to comply with all of the terms of any
construction loan agreement between Trustor and Beneficiary, (d) to allow Beneficiary to inspect such property at all times during
construction, and (e) to replace any work or materials unsatisfactory to Beneficiary, within fifteen (15) days after written notice from
Beneficiary of such fact, which notice may be given to Trustor by registered or certified mail, sent to his last known address, or by
personal service of the same.
4. Fire and Casualty Insurance: To keep such property insured against loss or damage of fire and other risk or risks.which,
in the opinion of Beneficiary should be insured against, under policies of insurance with loss payable to Beneficiary in form, amount and
companies acceptable to Beneficiary. Said policies shall be delivered to and remain in possession of Beneficiary as further security for
the faithful performance of these obligations, which delivery shall constitute an assignment by Trustor to beneficiary to all rights
thereunder, including all return premiums;to deliver to beneficiary a policy or policies renewing or extending any expiring insurance with
a receipt showing premiums paid at least thirty (30) days before expiration. If Trustor fails to so deliver any renewal policies,
Beneficiary may procure such insurance as it may elect and make payment of premiums thereon, which payment is repayable on
demand. Neither Trustee nor Beneficiary shall be responsible for obtaining or maintaining such insurance. Beneficiary, from time to
time, may furnish to any insurance agency or company, or any other person, any information contained in or extracted from any
insurance policy theretofore delivered to Beneficiary pursuant hereto, and any information concerning the loan secured hereby. In no
event and whether or not default hereunder has occurred shall Beneficiary, by the fact of approving, accepting or obtaining such
insurance, incur any liability for the amount of such insurance, the form or legal sufficiency of insurance contracts, solvency of
insurers, or payment of losses by insurers, and Trustor hereby expressly assumes full responsibility therefor and liability, if any,
thereunder. In the event of loss,Trustor shall give immediate written notice to Beneficiary, and Beneficiary may,but is not obligated to,
make proof of loss if not made promptly by Trustor. In case of any loss the amount collected under any policy of insurance on such
property may, at the option of the Beneficiary, be applied by Beneficiary upon any indebtedness and/or obligation secured hereby and
in such order and amount as Beneficiary may determine; or said amount or any portion thereof may, at the option of the beneficiary,
either be used in replacing or restoring the Improvements partially or totally destroyed to a condition satisfactory to said Beneficiary, or
said amount, or any portion thereof, may be released to the Trustor. In any such event neither the Trustee nor the Beneficiary shall be
obligated to see the proper application thereof; nor shall the amount so released or used be deemed a payment on any indebtedness
secured hereby. Such application, use, and/or release shall not cure or waive any default or notice of default hereunder or invalidate
any act done pursuant to such notice. Any unexpired insurance and all returnable insurance premiums shall inure to be the benefit of,
• and-pass to,the purchaser of the property covered thereby at any Trustee's sale held hereunder. If said property is sold pursuant to
the power of sale contained herein or pursuant to any decree of foreclosure, all right,title and interest of Trustor in and to the proceeds
of fire and other insurance policies for damage prior to the sale, which proceeds are not received prior to the date of said sale, shall
belong to Beneficiary.
5. Taxes and Other Sums Due: To pay, satisfy and discharge, at least ten (10) days before delinquency, all general and
special taxes and assessments affecting such property, and in no event later than the date such amounts become due: (1) all
encumbrances,charges and liens,with interest, on such property, or any part thereof, which are, or appear to Beneficiary to be prior to
•
or superior hereto, (2) all costs,fees and expenses of that trust,whether or not described herein, (3) fees or charges for any statement
regarding the obligation secured hereby in any amount demanded by Beneficiary, not to exceed the maximum amount allowed by law
therefor at the time when such request is made, (4)such other charges as the Beneficiary may deem reasonable for services rendered
by Beneficiary and furnished at the request of Trustor or any successor in interest to Trustor, (5) if such property includes a leasehold
estate, all payments and obligations required of the Trustor, or his successor in interest, under the terms of the instruments or
instruments creating such leasehold, Trustor hereby agreeing not to amend, change, or modify his leasehold interest or the terms on
which he has such leasehold interest, or to do so without the written consent of Beneficiary being first obtained, (6) all payments and
monetary obligations required of the owner of such property under any declaration of covenants, conditions and restrictions pertaining
to such property or any modification thereof. Should Trustor fail to make any such payment, Beneficiary, without contesting the
validity or amount, may elect to make or advance such payment, together with any costs, expenses, fees or charges relating thereto,
including employing counsel and paying his reasonable fees. Trustor agrees to notify Beneficiary immediately upon receipt by Trustor
of notice of any increase in the assessed value of such property and agrees that Beneficiary, in the name of Trustor, may contest by
appropriate proceedings such increase in assessment.
In the event of the passage of any law deducting from the value of real property for the purposes of taxation any lien thereon or
changing in any way the laws for the taxation of deeds of trust or debts secured by deeds of trust for state or local purposes, or the
manner of the collection of any such taxes, so as to affect this Deed of Trust, the holder of this Deed of Trust and of the obligations
which it secures shall have the right to declare all sums secured hereby due as of a date to be specified by not less than 30 days'
written notice to be given to Trustor by Beneficiary; provided, however, that such election shall be ineffective if Trustor is permitted by
law to pay the whole of such tax in addition to all other payments required hereunder and if, prior to such specified date, does pay such
tax and agrees to pay any such tax when hereafter levied or assessed against such property.
6. Sums Advanced to Bear Interest: To pay upon demand any sums advanced or paid by Beneficiary or Trustee under any
clause or provision of this Deed of Trust. Any such sums, until so repaid, shall be secured hereby and bear interest from the date
advanced or paid at the default rate in the Promissory Note and shall be secured by this Deed of Trust.
7. Assignment of Deposits: That as further additional security if this be a construction loan, Trustor hereby transfers and
assigns to Beneficiary during continuance of these Trusts, all rights, title and interest to any and all monies deposited by Trustor or
deposited on behalf of Trustor with any city, county, public body or agency, sanitary district, gas and/or electric company, telephone
company and any other body or agency, for the installation or to secure the installation of any utility by Trustor, pertaining to such
property.
8. Failure of Trustor to Comply with Deed of Trust: Should Trustor fail to make any payment, or to do any act as
provided in this Deed of Trust, or fail to perform any obligation secured by this Deed of Trust, or do any act Trustor agreed not to do,
Trustor shall be in default under this Deed of Trust. Beneficiary, but without obligation so to do and without notice to or demand upon
Trustor and without releasing Trustor from any obligation hereof and without contesting the validity or amount of the same, may (a)
make or do the same in such manner and to such extent as it may deem necessary to protect the security hereof, Beneficiary being
authorized to enter upon such property for such purposes,and(b) pay, purchase,contest or compromise any encumbrance, charge or
lien, which in its judgment is or appears to be prior or superior hereto, and (c) in exercising any such power, pay necessary expenses,
employ counsel and pay his reasonable fees. Trustor agrees to repay any amount so expended on demand of Beneficiary.
IT IS MUTUALLY AGREED THAT:
9. Litigation: Trustor shall defend this Trust in any action or proceeding purporting to affect such property, whether or not it
affects the security hereof, or purporting to affect the rights or powers of Beneficiary or Trustee, and shall file and prosecute all
necessary claims and actions to prevent or recover for any damage to or destruction of such property, and either Trustee or
Beneficiary is hereby authorized, without obligation so to do,to commence, appear in or defend any such action,whether brought by or
against Trustor, Beneficiary or Trustee, or with or without suit, to exercise or enforce any other right, remedy or power available or
conferred hereunder, whether or not judgments be entered in any action or proceeding; and Trustor or Beneficiary may appear or
intervene in any action or proceeding, and retain counsel therein; and take such action therein, as either may be advised and may
settle,compromise or pay the same or any other claims and,in the behalf and for any of said purposes, may expend and advance such
sums of money as either may deem necessary. Whether or not Trustor so appears or defends, Trustor on demand shall pay all costs
and expenses of Beneficiary and Trustee, including costs of evidence of title and attorney's fees in a reasonable sum, in any such
action or proceeding in which Beneficiary or Trustee may appear by virtue of being made a party defendant or otherwise and
irrespective of whether the interest of Beneficiary or Trustee in such property is directly questioned by such action, including but not
limited to any action for the condemnation or partition of such property.
10. Condemnation: All sums due, paid or payable to Trustor, or any successor in interest of Trustor, whether by way of judgment,
settlement or otherwise, (a)for injury or damage to such property, or(b) in connection with any condemnation for public use or injury to
such property or any part thereof, or(c) in connection with the transaction financed by the loan secured hereby, or(d) arising out of all
causes of action, whether accruing before or after the date of this Deed of Trust, sounding in tort or contract, including causes of
action for fraud or concealment of a material fact, together with the settlements, proceeds, awards and damages, direct and
consequential, in connection therewith, are hereby absolutely and irrevocably assigned and shall be paid to Beneficiary. Beneficiary
shall be entitled, at its option, to commence, intervene in, appear in and prosecute in its own name, any action or proceeding, or to
•
•
•
make any compromise or settlement, in connection with any such taking or damage. Trustor agrees to execute such further
assignments of any compensation, award, damages, rights of action and proceeds as Beneficiary may acquire.
All amounts received by Beneficiary pursuant to this Deed of Trust under any fire or other insurance policy, in connection with any
condemnation for public use of or injury to such property, for injury or damage to such property or in connection with the transaction
financed by the loan secured hereby are to be applied, at the option of Beneficiary, upon any indebtedness secured hereby. No such
application, use or release shall cure or waive any default, or notice of default, hereunder or invalidate any act done pursuant to such
notice.
11. Consent, Partial Reconveyance, Etc.: That at any time, or from time to time, without liability therefor, and without
notice, upon written request of Beneficiary, and without affecting the personal liability of any person for payment of the indebtedness
secured hereby, or the lien of this Deed of Trust upon the remainder of such property for the full amount of the indebtedness then or
thereafter secured hereby, or the rights or powers of the Beneficiary or Trustee with respect to the remainder of such property. Trustee
may (a) reconvey any part of such property, (b) consent to the making of any map or plat thereof, (c) join in granting any easement
thereon, or(d)join in any extension agreement or any agreement subordinating the lien or charge hereof.
12. Full Reconveyance: Upon written request of Beneficiary stating that all sums secured hereby have been paid. Trustee shall
reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters of fact shall be
conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be designated as "the person or persons legally
entitled thereto." Such request and reconveyance shall operate as a reassignment of the rents, income, issues and profits herein
before assigned to Beneficiary.
13. Right to Collect and Receive Rents and Profits: Notwithstanding any other provisions hereof, Beneficiary hereby
grants permission to Trustor to collect and retain the rents, income, issues and profits of such property as they become due and
payable, but reserves the right to revoke such permission at any time, with or without cause, by notice in writing to Trustor, mailed to
Trustor at his last known address. In any event, such permission to Trustor automatically shall be revoked upon default by Trustor in
payment of indebtedness secured hereby or in the performance of any agreement hereunder. On any such default, Beneficiary may at
any time without notice, either in person, by agent, or by receiver to be appointed by the court, and without regard to the adequacy of
any security for the indebtedness secured hereby, enter upon and take possession of such property, or any part thereof, make, cancel
enforce or modify leases; obtain and eject tenants, set or modify rents; in its own name sue or otherwise collect the rents, income,
issues and profits thereof, including those past due and unpaid; and apply the same, less costs and expenses of operation and '
collection, including reasonable attorneys' fees, upon any indebtedness secured hereby and in such order as Beneficiary may
determine; and except for such application, Beneficiary shall not be liable to any person for the collection or noncollection of any rents,
income, issues or profits,for the failure to assert or enforce any of the foregoing rights, nor shall Beneficiary be charged with any of the
duties and obligation of a mortgagee in possession. The entering upon and taking possession of such property, the collection of such
rents, income, issues or profits, the doing of other acts herein authorized, and the application thereof as aforesaid, shall not cure or
waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.
14. Judicial Foreclosure or Trustee's Sale on Default: Upon default by Trustor in payment of any indebtedness secured
hereby or in performance of any agreement hereunder, or any agreement secured hereby, Beneficiary may declare all sums secured
hereby immediately due and payable and,at the option of the Beneficiary,this Deed of Trust may be foreclosed in the manner provided
by law for the foreclosure of mortgages on real property; or may be sold in the manner provided in the Nebraska Trust Deeds Act under
the power of sale conferred upon the Trustee hereunder.
In the event that the property is sold pursuant to the power of sale conferred upon the Trustee hereunder,the Trustee shall cause to be
filed of record a written notice of default and election to sell such property. After the lapse of such time as then may be required by law
following recordation of such notice of default,and notice of sale having been given as then required by law, Trustee, without demand
on Trustor, shall sell such property, either as a whole or in separate parcels, and in such order as it or Beneficiary may determine at
public auction to the highest bidder. Trustee may postpone the sale of all or any portion of such property by public announcement at
the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time and place fixed
by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any
covenant or warranty, express or implied. The recital in such deed of any matters of fact or otherwise shall be conclusive proof of the
truthfulness thereof. Any person, including Trustor,Trustee or Beneficiary, may purchase at such sale. Trustee may also sell at any
sale and as part thereof any shares of corporate stock securing the obligation secured hereby, and Trustor waives demand and notice
of such sale. (Beneficiary at its option may also foreclose on such shares by independent pledge sale, and Trustor waives demand and
notice of such sale.) The Trustee shall apply the proceeds of the Trustee's sale, first, to the costs and expenses of exercising the
power of sale and of the sale, including the payment of Trustee's fees actually incurred, not to exceed five percent of the principal
balance unpaid at the time of recording the notice of default, second, to the payment of the obligation secured by this trust deed,third,
to the payment of junior trust deeds,,mortgages or other liens, and the balance, if any,to the person or persons legally entitled thereto.
Upon any default under this Deed of Trust or any note secured hereby and following any acceleration of maturity of the indebtedness
secured hereby, a tender of payment of the amount necessary to satisfy the entire indebtedness secured hereby, made at any time
prior to a foreclosure sale, whether under the power of sale contained herein or pursuant to judicial foreclosure proceedings, shall
constitute an evasion of the payment terms hereof and shall be deemed a voluntary prepayment of the indebtedness; and any such
•
payment, to the extent permitted by law, must,therefore, include a premium required under the prepayment privilege, if any, contained
in any note secured hereby; or, if at that time there shall be no privilege of prepayment, then such payment, to the extent permitted by
law,will include a premium for such prepayment of five percent of the then principal balance.
15. Personal Property: This Deed of Trust is also intended to encumber and create, and Trustor does hereby grant to
Beneficiary, a security interest in any and all of such property which is personal property owned by Trustor and now or hereafter located
on or used in connection with such property including, but not limited to, all equipment, fixtures, furniture, appliances and articles of
personal property owned by Trustor and now or hereafter located on, attached to or used in and about the improvements which are
necessary to the complete and comfortable use and occupancy of the Improvements for all purposes for which they are intended and
such other goods and chattels and personal property owned by Trustor as are ever to be used or furnished in operating the
Improvements, or the activities conducted therein, and all renewals or replacements thereof or therefore,whether or not the same shall
be attached to the Improvements in any manner,and all building materials and equipment hereafter situated on or about the Real Estate
or the Improvements . The foregoing security interest shall also cover Trustor's leasehold interest in any of the foregoing items which
are leased by Trustor. Trustor shall,from time to time, upon request of Beneficiary, provide Beneficiary with a current inventory of all of
the personal property in such detail as Beneficiary may require.
16. Security Agreement: This Deed of Trust constitutes a security agreement between Trustor and Beneficiary with respect to
all personal property in which Beneficiary is granted a security interest hereunder, and, cumulative of all other rights and remedies of
Beneficiary hereunder. Beneficiary shall have all of the rights and remedies of a secured party under the Nebraska Uniform Commercial
Code. Trustor hereby agrees to execute and deliver on demand and hereby irrevocably constitutes and appoints Beneficiary the
attorney-in-fact of Trustor to execute and deliver and, if appropriate, to file with the appropriate filing officer or officers such security
agreements, financing statements, continuation statements or other instruments as Beneficiary may request or require in order to
impose, perfect or continue the perfection of the lien or security interest created hereby. Upon the occurrence of any default
hereunder not cured withih any applicable grace period, Beneficiary shall have the right to cause any of such property which is personal
property and subject to security interest of Beneficiary hereunder to be sold in one of public or private sales as permitted by applicable
law, including at a sale held in conjunction with the sale of such property by Trustee, as provided for in this Deed of Trust, and
Beneficiary shall further have all rights and remedies,whether at law in equity or by statute,as are available to secured creditors under
applicable law. Any such disposition may be conducted by an employee or agent of Beneficiary or Trustee. Expenses of retaking,
holding, preparing for sale, selling or the like shall be born by Trustor and shall include Beneficiary's and Trustee's fees and legal
expenses. Beneficiary shall have the right to enter upon the Real Estate and the Improvements or any other real property or any
personal property which is the subject of the security interest granted herein as located to take possession of, assemble and collect
such personal property or to render it usable,or Trustor, upon demand of Beneficiary, shall assemble such personal property and make
it available to Beneficiary at a place deemed reasonably convenient to Beneficiary. If notice is required by law, Beneficiary shall give
Trustor at least five(5) days prior written notice of the time and place of any public sale or other disposition of such property or of the
time of or after which any private sale or other intended disposition is to be made, and, if such notice is sent to Trustor, as the same is
provided for the mailing of notices herein, it is hereby deemed that such notice shall be and is reasonable notice to Trustor. Any sale
made pursuant to the provisions of this paragraph shall be deemed to have been a public sale conducted in a reasonably commercial
manner if held contemporaneously with the sale under the power of sale granted in this Deed of Trust upon giving the same notice with
respect to the sale under the power of sale given the Trustee under this Deed of Trust.
17. Fixture Financing Statement: This Deed of Trust is intended to be a financing statement within the purview of the
Nebraska Uniform Commercial Code with respect to those items of such property as constitute fixtures on the Real Estate. The
address of Trustor(Debtor)and Beneficiary(Secured Party)are set forth on the first page of this Deed of Trust, This Deed of Trust is to
be filed for record with the Douglas County Register of Deeds where the real estate is located. Trustor is the record owner of the real
estate.
18. Substitution of Trustee: That Beneficiary may, from time to time, by instrument in writing, substitute a successor or
successors to any Trustee named herein or acting hereunder, which instrument executed and acknowledged by Beneficiary and
recorded in the office of the register of deeds of the county or counties where such property is situated, shall be conclusive proof of
proper substitution of such Trustee or Trustees, who shall, without conveyance form the Trustee predecessor, succeed to all its title,
estate, rights, power and duties.
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
•
•
21. Inspection and Business Records: Beneficiary at any time during the continuation of this Trust may enter and inspect
such property at any reasonable time. Trustor agrees that in the event such property is now or hereafter used for commercial or
residential income purposes, when requested by Beneficiary, Trustor will promptly deliver to Beneficiary, such certified financial
statements and profit and loss statements of such types and at such intervals as may be required by Beneficiary, which will be in form
and content prepared according to the usual and acceptable accounting principles and practices, which statements shall cover the
financial operations relating to such property. Trustor further agrees when requested by Beneficiary to promptly deliver in writing such
further additional information as required by Beneficiary relating to any such financial statements.
22. Acceleration Clause: Should Trustor be in default under this Deed of Trust, or should Trustor, or any successor in interest
of Trustor, voluntarily or involuntarily sell, exchange, convey, transfer, contract to sell, lease with option to purchase, sublease,
change the character or use of, or further encumber such property, or any part thereof, or any interest therein; or if any said parties
shall be divested of title to such property, or any part thereof, or any interest therein, either voluntarily, or involuntarily; or if title to such
property be subjected to any lien or charge, voluntarily or involuntarily, contractual or statutory, without the written consent of
Beneficiary being first had and obtained, then Beneficiary shall have the right, at its option, to declare all sums secured hereby
forthwith due and payable; and this same right of acceleration shall be available to Beneficiary if the undersigned is a partnership and
any interest of a general partner terminates, is assigned or transferred, or is diminished; or if the undersigned is a corporation and any
of the corporate stock is transferred, sold or assigned; or if the undersigned is a trustee of a trust and there is a change of any of the
beneficial interest of the trust.
23. Remedies: No remedy herein provided shall be exclusive of any other remedy herein or now or hereafter existing by law, but
shall be cumulative. Every power of remedy hereby given to Trustee or Beneficiary, or to which either of them may be otherwise
entitled, may be exercised from time to time and as often as may be deemed expedient by them, and either of them may pursue
inconsistent remedies. If Beneficiary holds any additional security for any obligation secured hereby, it may enforce the sale thereof at
its option, either before, contemporaneously with, or after the sale is made hereunder, and on any default of Trustor, Beneficiary may,
at its option, offset against any indebtedness secured hereby, and the Beneficiary is hereby authorized and empowered at its option,
without any obligation so to do, and without affecting the obligations hereof, to apply toward the payment of any indebtedness of the
Trustor to the Beneficiary any and all sums of money of Trustor which Beneficiary may have in its possession or under its control,
including without limiting the generality of the foregoing, any savings account, deposit, investment certificate, escrow or trust funds.
24. Acknowledgment: Trustor agrees and acknowledges that prior to the execution of this Deed of Trust, Trustor did
acknowledge in writing and hereby confirms again that(a)this Deed of Trust is not a mortgage,but a deed of trust, (b)that the power of
sale provided for herein provides substantially different rights and obligations for Trustor than a mortgage in the event of a default or
breach of any obligation hereunder, and (c) the aforementioned written acknowledgment was executed prior to the execution of this
Deed of Trust.
25. Law Applicable: That this Deed of Trust shall be construed according to the laws of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
IN WITNESS WHEREOF,Trustor has executed this Deed of Trust on the date first above written.
NCTHP LIMITED PARTNERSHIP, a Nebraska
Limited Partnership
By: NEW CREATIONS, INC.,a Nebraska Non-profit,
Corporation,GENERAL PARTNER
7
eremiah McGhee, Executive Director
By: SIENA/FRANCIS HOUSE, a Nebraska Non-Profit
Corporation,G RAL PARTNER
BY: Gam`
Paul Koch, Executive Director
(CORPORATE SEAL)
STATE OF NEBRASKA ) GENERAL NOTARY•State of Nebraska
ss. 111 DAVID M.TOLLEFSRUD
COUNTY OF DOUGLAS ) 'y Z'' My Comm.Exp.May 17,2000
On this day of November, 1998, before me, the undersigned, a Notary Public duly commissioned and qualified in and for
said county, personally came Jeremiah McGhee, Executive Director, New Creations, Inc., a Nebraska Non-Profit Corporation and Paul
Koch, Executive Director, Siena/Francis House, a Nebraska Non-profit Corporation, General Partners to NCTHP Limited Partnership, a
Nebraska Limited Partnership, to me known to be the person(s) named in and who executed the foregoing instrument, and
acknowledged that he executed the same as his voluntary act and deed.
Witness my hand and notarial seal the day and year last above wri
My commission expires ;/ /c�/��
/ Notary Public
3/95
or involuntarily; or if title to such
property be subjected to any lien or charge, voluntarily or involuntarily, contractual or statutory, without the written consent of
Beneficiary being first had and obtained, then Beneficiary shall have the right, at its option, to declare all sums secured hereby
forthwith due and payable; and this same right of acceleration shall be available to Beneficiary if the undersigned is a partnership and
any interest of a general partner terminates, is assigned or transferred, or is diminished; or if the undersigned is a corporation and any
of the corporate stock is transferred, sold or assigned; or if the undersigned is a trustee of a trust and there is a change of any of the
beneficial interest of the trust.
23. Remedies: No remedy herein provided shall be exclusive of any other remedy herein or now or hereafter existing by law, but
shall be cumulative. Every power of remedy hereby given to Trustee or Beneficiary, or to which either of them may be otherwise
entitled, may be exercised from time to time and as often as may be deemed expedient by them, and either of them may pursue
inconsistent remedies. If Beneficiary holds any additional security for any obligation secured hereby, it may enforce the sale thereof at
its option, either before, contemporaneously with, or after the sale is made hereunder, and on any default of Trustor, Beneficiary may,
at its option, offset against any indebtedness secured hereby, and the Beneficiary is hereby authorized and empowered at its option,
without any obligation so to do, and without affecting the obligations hereof, to apply toward the payment of any indebtedness of the
Trustor to the Beneficiary any and all sums of money of Trustor which Beneficiary may have in its possession or under its control,
including without limiting the generality of the foregoing, any savings account, deposit, investment certificate, escrow or trust funds.
24. Acknowledgment: Trustor agrees and acknowledges that prior to the execution of this Deed of Trust, Trustor did
acknowledge in writing and hereby confirms again that(a)this Deed of Trust is not a mortgage,but a deed of trust, (b)that the power of
sale provided for herein provides substantially different rights and obligations for Trustor than a mortgage in the event of a default or
breach of any obligation hereunder, and (c) the aforementioned written acknowledgment was executed prior to the execution of this
Deed of Trust.
25. Law Applicable: That this Deed of Trust shall be construed according to the laws of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
•
NON-RECOURSE REPAYABLE LOAN
•
PROMISSORY NOTE
PROJECT NO. HOME Transitional PLACE: 4460, 4462, 4464, 4466, and 4468
Housing Program Redman Avenue
Omaha,Douglas County,Nebraska
LOAN NO. HOME No. 262 DATE: December 18, 1998
FOR VALUE RECEIVED,the undersigned hereby promises to pay to the order of the CITY
OF OMAHA(hereinafter,the "City"),acting by and through the Director of the Planning Department
or its successors,the principal sum of Two Hundred Seventeen Thousand Eight Hundred Seventy-
Five and No/100 Dollars ($217,875.00), as hereafter provided, as follows:
1. Payment shall be deferred for fifteen years from and after December 1, 1999.
2. On January 1, 2015,the principal amount, Two Hundred Seventeen Thousand Eight
Hundred Seventy-Five Dollars ($217,875.00), at the rate of 2% per annum, shall be amortized over
a period of thirty (30) years in 360 equal monthly installments of Eight Hundred Five and 31/100
Dollars ($805.31).
All payments on this Note shall be made in lawful money of the United States at the principal
office of the City of Omaha, 1819 Farnam Street, Omaha,Nebraska or at such other place or places
as shall be designated in writing for such purposes by the City.
The undersigned reserves the right to prepay at any time all or any part of the principal and
interest amount of this Note, without the payment of penalties or premiums.
In the event that the undersigned shall fail to pay any installment of principal and interest
when due, and such default in payment continues for a period of fifteen(15) days after written notice
thereof has been given by the City to the undersigned, the City may at any time thereafter, at its
option, declare the entire unpaid balance of principal and interest at once due and owing, without
further notice. Failure of the City to exercise such option shall not constitute a waiver of such
default. No default shall exist by reason of nonpayment of any required installment of principal and
interest, so long as the amount of any optional prepayments already made pursuant hereto equals or
exceeds the amount of the required installments. If the principal and interest of this Note is not paid
during the calendar month which includes the due date, the undersigned shall pay to the City a late
charge of 4%per calendar month, or fraction thereof, on the amount past due and remaining unpaid.
The principal and interest on this Note shall be due and payable on the first day after the undersigned
conveys, grants, mortgages, assigns or otherwise transfers its interest, or any portion thereof, in the
property or improvements located at 4460, 4462,4464, 4466 and 4468 Redman Avenue in the City
of Omaha, and legally described as:
,
without any obligation so to do, and without affecting the obligations hereof, to apply toward the payment of any indebtedness of the
Trustor to the Beneficiary any and all sums of money of Trustor which Beneficiary may have in its possession or under its control,
including without limiting the generality of the foregoing, any savings account, deposit, investment certificate, escrow or trust funds.
24. Acknowledgment: Trustor agrees and acknowledges that prior to the execution of this Deed of Trust, Trustor did
acknowledge in writing and hereby confirms again that(a)this Deed of Trust is not a mortgage,but a deed of trust, (b)that the power of
sale provided for herein provides substantially different rights and obligations for Trustor than a mortgage in the event of a default or
breach of any obligation hereunder, and (c) the aforementioned written acknowledgment was executed prior to the execution of this
Deed of Trust.
25. Law Applicable: That this Deed of Trust shall be construed according to the laws of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
Lot 19, except the West 8 1/2 feet thereof, and Lots 20 and 21, in Laurel Park, an
Addition to the City of Omaha, as surveyed, platted and recorded in Douglas County,
Nebraska.
without the prior written consent of the CITY OF OMAHA,which consent shall not be unreasonably
withheld. Further and without limitation, it is expressly understood and agreed that the foregoing
property and improvements may be subject to Deeds of Trust of first, second and third priority in a
principal amount not to exceed One Million Three Hundred Sixty-Six Thousand Seven Hundred
Sixty-Two Dollars ($1,366,762.00) during the construction phase. Upon completion of the
rehabilitation work, the City's lien shall move to no less than a second lien, subordinate to an amount
not to exceed Three Hundred Sixteen Thousand Six Hundred Seventy-Seven Dollars ($316,677.00)
or the amount of the first mortgage financing and reasonable closing costs.
The loan evidenced by this Note is a non-recourse obligation of the undersigned. Neither the
undersigned nor any of its general and limited partners (or the partners, officers, directors or
shareholders of any such partner) shall have any personal liability for repayment of any sum due
under this Note or the Deed of Trust securing it. The sole recourse against the undersigned by the
Lender under this Note and related Deed of Trust for repayment of the loan evidenced thereby shall
be by the exercise by the Lender of its rights against the above-described property and improvements,
and related security thereunder.
Upon completion of the rehabilitation work, this Note shall be secured by no less than a
second Deed of Trust upon the above-described property,which Deed of Trust is and shall be junior
to the Deed of Trust in favor of an amount not to exceed the principal sum of Three Hundred Sixteen
Thousand Six Hundred Seventy-Seven Dollars ($316,677.00) or the amount of the first mortgage
financing and reasonable closing costs.
In the event that this Note should be reduced to judgment, such judgment shall bear interest,
thereon at the statutory rate,but not to exceed 9%per annum.
If suit is instituted by the City to recover upon this Note, the undersigned agrees to pay all
costs of such collection, including reasonable attorneys' fees and court costs.
DEMAND,protest and notice of demand and protest are hereby waived, and the undersigned
hereby waives, to the extent authorized by law, any and all homestead and other exemption rights
which otherwise would apply to the debt evidenced by this Note.
- 2 -
gned
conveys, grants, mortgages, assigns or otherwise transfers its interest, or any portion thereof, in the
property or improvements located at 4460, 4462,4464, 4466 and 4468 Redman Avenue in the City
of Omaha, and legally described as:
,
without any obligation so to do, and without affecting the obligations hereof, to apply toward the payment of any indebtedness of the
Trustor to the Beneficiary any and all sums of money of Trustor which Beneficiary may have in its possession or under its control,
including without limiting the generality of the foregoing, any savings account, deposit, investment certificate, escrow or trust funds.
24. Acknowledgment: Trustor agrees and acknowledges that prior to the execution of this Deed of Trust, Trustor did
acknowledge in writing and hereby confirms again that(a)this Deed of Trust is not a mortgage,but a deed of trust, (b)that the power of
sale provided for herein provides substantially different rights and obligations for Trustor than a mortgage in the event of a default or
breach of any obligation hereunder, and (c) the aforementioned written acknowledgment was executed prior to the execution of this
Deed of Trust.
25. Law Applicable: That this Deed of Trust shall be construed according to the laws of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
.
-t
IN WITNESS WHEREOF, this Note has been duly executed by the undersigned, as of the
day and year above set forth.
NCTHP LIMITED PARTNERSHIP
A Nebraska Limited Partnership
By: NEW CREATIONS, INC.
A Nebraska Non-profit Corporation,
General Partner
B �L1 --(4 .--��--�. f 41 A ( S-
eremiah McGhee Date
Executive Director
By: SIENA/FRANCIS HOUSE,INC.
A Nebraska Non-profit Corporation,
General Partner
By: �-- ''—/ :,/j
1:/ •
Paul Koch,Executive Director Date
APPROVED AS TO FORM: •
— — /� — `± . 9r
SSISTANT CITY ATTORNEY Date
P:\PLN3\6609.SAP
- 3 -
•
4
•
•
r .
Atop 3 ./2
HIS[ E01661182E filfrc)
9- PEE _ FB30 - ;-(0100
/. 7\ 9itP ,.CIO_..�...6.COM!{�
FEB 16 2010 10:4? F' 2 DEL r.w, ....,.SCAN. Fv _ .
Received-DIANE L.BATTIATO
Register of Deeds,Douglas County,NE
2I162010 10:47:06,33
MOM 1111
ACKNOWLEDGEMENT OF COVENANT
RUNNING WITH LAND
•
WHEREAS, on February 2, 2010, by Resolution No. 113, AN Agreement (hereafter
referred to as "the Agreement")was entered into by and between the City of Omaha, a Municipal
Corporation of the Metropolitan class in the State of Nebraska (hereafter referred to as "the
City") and NCTHP Limited Partnership, a Nebraska Limited Partnership (hereinafter referred to
• as the "L.P."), Midwest Housing Assistance Corporation, a Nebraska Corporation, General
• Partner, , wherein the City would provide a grant in an amount of $40,000 to assist in the i
rehabilitation work of the property and improvements thereon, and legally described as:
Lot 19, except the West FL-feet thereof and Lots 20 and 21, In Laurel Park, an
Addition to the City of Omaha, as surveyed, platted and recorded in Douglas
County, Nebraska (commonly known as 4462 Redman Avenue, Apartments 2,
and 4; 4464 Redman Avenue, Apartment 4; 4466 Redman Avenue, Apartments
1, 3, and 4;4468 Redman Avenue, Apartment 1, Omaha,Nebraska I
NOW THEREFORE, the L.P., (hereinafter referred to as the "Owner(s)"), for
themselves, their successors and assigns, agree that the restrictions and covenants in the
Agreement shall be covenants running with the land, and that it, in any event and without regard
to technical classification and designation, legal or otherwise, shall be binding, to the fullest
j extent permitted by law and equity, and enforceable by the City, its successors and assigns, I
against the Owner(s), their successors and assigns, to any part of the property that is the subject
of the Agreement, or any interest therein and any party in the possession or occupancy of any
part of said property. The Owner(s), for themselves, their successors and assigns, further
covenant and agree, that without regard to whether the City or the United States is an owner of
any interest in the land to which the covenants relate, the covenants running with the land shall
remain in effect for five (5) years after the date of Project Close Out of the project, the period
specified or referred to in Section 1.12 in the Agreement, or until such date thereafter to which it
may be modified by proper amendment of the Agreement, on which date such covenants may
terminate. The Owner(s), for themselves, their successors and assigns, further covenant and ;j
agree that this property shall continue to be used as rental units for qualified low- and moderate-
Page l of 2 .�
• .I
ut: .7'-�1�
/t � 2Nzef , ,
.r
nowledgment: Trustor agrees and acknowledges that prior to the execution of this Deed of Trust, Trustor did
acknowledge in writing and hereby confirms again that(a)this Deed of Trust is not a mortgage,but a deed of trust, (b)that the power of
sale provided for herein provides substantially different rights and obligations for Trustor than a mortgage in the event of a default or
breach of any obligation hereunder, and (c) the aforementioned written acknowledgment was executed prior to the execution of this
Deed of Trust.
25. Law Applicable: That this Deed of Trust shall be construed according to the laws of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
,
.__ _ 2
1
income families, as described in Section 2.01 in the Agreement, for the term of this covenant In
the event of default, gross negligence or other substantial noncompliance, the outstanding
amount of the grant at the time of default shall be due and payable immediately from the
Owner(s), their successors and assigns,to the City.
NCTHP, LIMITED PARTNERSHIP, a Nebraska
Limited Partnership
By: /4 I
Midwest Housing Assistance Corporation.,
A Nebraska Corporation, General Partner
By: Az /5
Ted Witt,Vice President Date
STATE OF NEBRASKA )
) §
COUNTY OF DOUGLAS )
On this 12th day of February, 2010 before me, the Undersigned, a Notary Public duly
commissioned and qualified in and for said County, personally came Ted Witt, Vice President of
Midwest Housing Corporation, a Nebraska Corporation, General Partner of NCTHP Limited
Partnership, a Nebraska Limited Partnership, known to be the identical person(s) whose name is
affixed to the above and foregoing instrument as Acknowledgement of Covenants Running with
the Land, and they acknowledged the same instrument and the execution thereof to be their
voluntary act and deed for the purpose therein expressed.
In testimony whereof, I have hereunto set my hand and affixed my Notarial Seal at
Omaha,Nebraska, on thA,aayi,and date last above written.
0-0-o- f.f. hc.Ze2 a 261- '••.'
4t
" N0TAt'V t •11. Notary Public
vre COMMISSION EXPIRES• �1
My commissibr1 k k 12 e��e�n(�, 7��`��'/�
Page 2 of 2
.
the land, and that it, in any event and without regard
to technical classification and designation, legal or otherwise, shall be binding, to the fullest
j extent permitted by law and equity, and enforceable by the City, its successors and assigns, I
against the Owner(s), their successors and assigns, to any part of the property that is the subject
of the Agreement, or any interest therein and any party in the possession or occupancy of any
part of said property. The Owner(s), for themselves, their successors and assigns, further
covenant and agree, that without regard to whether the City or the United States is an owner of
any interest in the land to which the covenants relate, the covenants running with the land shall
remain in effect for five (5) years after the date of Project Close Out of the project, the period
specified or referred to in Section 1.12 in the Agreement, or until such date thereafter to which it
may be modified by proper amendment of the Agreement, on which date such covenants may
terminate. The Owner(s), for themselves, their successors and assigns, further covenant and ;j
agree that this property shall continue to be used as rental units for qualified low- and moderate-
Page l of 2 .�
• .I
ut: .7'-�1�
/t � 2Nzef , ,
.r
nowledgment: Trustor agrees and acknowledges that prior to the execution of this Deed of Trust, Trustor did
acknowledge in writing and hereby confirms again that(a)this Deed of Trust is not a mortgage,but a deed of trust, (b)that the power of
sale provided for herein provides substantially different rights and obligations for Trustor than a mortgage in the event of a default or
breach of any obligation hereunder, and (c) the aforementioned written acknowledgment was executed prior to the execution of this
Deed of Trust.
25. Law Applicable: That this Deed of Trust shall be construed according to the laws of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
ASSUMPTION OF INDEBTEDNESS AGREEMENT (HOME LOAN)
THIS ASSUMPTION OF INDEBTEDNESS AGREEMENT (HOME LOAN) (the
"Agreement") is made as of June , 2011 (the "Effective Date"), by and among
NCTHP, LIMITED PARTNERSHIP, a Nebraska limited partnership (the "Assignor"), and
HOPE OF GLORY MINISTRIES,INC., a Nebraska nonprofit corporation("Assignee").
WHEREAS, Assignor is the owner of that certain twenty-eight unit affordable housing
development located at 4460-4468 Redman Avenue, Omaha, Nebraska (the "Project") and
legally described as:
Lot 19, except the West 8 '/2 feet thereof, and Lots 20 and 21, in Laurel Park, an addition
to the City of Omaha, as surveyed,platted and recorded in Douglas County,Nebraska
WHEREAS, the City of Omaha ("Lender") has previously made a $217,875.00 loan to
Assignor(the "HOME Loan"); and
WHEREAS, as of June , 2011, the total outstanding indebtedness owed to
lender under the HOME Loan was $217,875.00 (the "Indebtedness"); and
WHEREAS, the HOME Loan is evidenced by a HOME Program (HOME) Agreement
dated October 22, 1998, approved by the City Council on October 27, 1998 by Resolution No.
2996, as amended, a Promissory Note dated December 18, 1998, and a Deed of Trust,
Construction Security Agreement and Assignment of Rents, dated December 18, 1998 and filed
with the Douglas County Recorder in Mortgage Book 5549 on Page 158, all by and between
Assignor and Lender (together, the "Loan Documents") (the Indebtedness and all other liabilities
and obligations of any kind or nature now owing from Assignee to Lender with respect to the
HOME Loan and the Loan Documents are collectively referred to herein as the "Obligations");
and
WHEREAS, Assignor and Assignee are parties to that certain Purchase and Sale
Agreement dated the day of , 2011 (the "Contract"). As of the Effective
Date, Assignor has sold and conveyed to Assignee, and Assignee has purchased and acquired
from Assignor, the Project, all pursuant to the Contract; and
WHEREAS, in consideration of Assignor transferring the Project to Assignee, Assignor
requires that Assignee assume the Assignor's Obligations under the HOME Loan.
NOW, THEREFORE, in consideration of the foregoing, of the mutual promises of the
parties hereto, and of other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
4827-4307-2521.1
ith the land shall
remain in effect for five (5) years after the date of Project Close Out of the project, the period
specified or referred to in Section 1.12 in the Agreement, or until such date thereafter to which it
may be modified by proper amendment of the Agreement, on which date such covenants may
terminate. The Owner(s), for themselves, their successors and assigns, further covenant and ;j
agree that this property shall continue to be used as rental units for qualified low- and moderate-
Page l of 2 .�
• .I
ut: .7'-�1�
/t � 2Nzef , ,
.r
nowledgment: Trustor agrees and acknowledges that prior to the execution of this Deed of Trust, Trustor did
acknowledge in writing and hereby confirms again that(a)this Deed of Trust is not a mortgage,but a deed of trust, (b)that the power of
sale provided for herein provides substantially different rights and obligations for Trustor than a mortgage in the event of a default or
breach of any obligation hereunder, and (c) the aforementioned written acknowledgment was executed prior to the execution of this
Deed of Trust.
25. Law Applicable: That this Deed of Trust shall be construed according to the laws of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
Section 1. Assumption of the Obligations.. As of the Effective Date,Assignee hereby
assumes all of the Obligations and the Loan Documents and agrees to be bound by the terms of
the Loan Documents with the same force and effect as if Assignee had originally executed the
same. Assignee shall perform each and all of the Obligations. Assignee, for itself and its
successors and assigns, hereby unconditionally acknowledges that it shall be bound by all
covenants, obligations terms, provisions and conditions applicable to the Loan Documents. On
and after the date hereof, Assignee shall be deemed to be the "Borrower" for all purposes of the
Loan Documents. Assignee hereby agrees that the Obligations and liabilities of Assignor under
or in connection with the Loan Documents shall be enforceable by Lender against Assignee.
Section 2. Authority and Enforceability. Assignee has the full corporate power and
authority to enter into and deliver this Agreement and to incur and perform the obligations
provided for herein, all of which have been approved by all proper and necessary action by
Assignee. With the exception of Lender, no third party approval are necessary for Assignee to
enter into this Agreement. This Agreement is enforceable against Assignee in accordance with its
terms.
Section 3. Binding Agreement. This Agreement shall be binding upon, and inure to the
benefit of, the parties hereto and their successors and assigns, except as otherwise provided
herein.
Section 4. Further Assurances. The parties hereto shall cooperate with each other as
reasonably necessary to give effect to the provisions of this Agreement, including using
reasonable and good-faith efforts to each execute and deliver such additional instruments or
documents which may be reasonably requested to accomplish the purposes and intent of this
Agreement; provided, however, that nothing in this Section shall be deemed to enlarge the
obligations of the parties hereunder or to require any party to incur any material expense or
liability not otherwise required of it hereunder.
Section 5. Counterparts. This Agreement may be executed in several counterparts, and
all so executed shall constitute one agreement, binding on all the parties hereto. Any counterpart
of this Agreement, which has attached to it separate signature pages which together contain the
signatures of all parties or is executed by an attorney-in-fact on behalf of some or all of the
parties, shall for all purposes be deemed a fully executed instrument.
This Agreement may be executed as facsimile originals and each copy of this Agreement
bearing the facsimile transmitted signature of any party's authorized representative shall be
deemed to be an original.
Section 6. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Nebraska, without regard to principles of conflicts of
laws.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
4827-4307-2521.1 2
• .I
ut: .7'-�1�
/t � 2Nzef , ,
.r
nowledgment: Trustor agrees and acknowledges that prior to the execution of this Deed of Trust, Trustor did
acknowledge in writing and hereby confirms again that(a)this Deed of Trust is not a mortgage,but a deed of trust, (b)that the power of
sale provided for herein provides substantially different rights and obligations for Trustor than a mortgage in the event of a default or
breach of any obligation hereunder, and (c) the aforementioned written acknowledgment was executed prior to the execution of this
Deed of Trust.
25. Law Applicable: That this Deed of Trust shall be construed according to the laws of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
IN WITNESS WHEREOF, each of the parties hereto have executed this Agreement as of
the date and year first above written.
ASSIGNOR:
NTCHP, LIMITED PARTNERSHIP
By Midwest Housing Assistance Corporation, as
general partner
By
Name James K. Rieker
Title President
ASSIGNEE:
HOPE OF GLORY MINISTRIES, INC.
By
Name
Title
4827-4307-2521.1 3
General Partner
By: �-- ''—/ :,/j
1:/ •
Paul Koch,Executive Director Date
APPROVED AS TO FORM: •
— — /� — `± . 9r
SSISTANT CITY ATTORNEY Date
P:\PLN3\6609.SAP
- 3 -
•
4
•
•
CONSENT
Lender hereby consents to the assumption of the Loan Documents and the Obligations by
Assignee from Assignor as set forth above.
ATTEST: CITY OF OMAHA, a Municipal
r ; Corporation
Cler of the City o Omaha ' D to Ma o the City of Omaha Date
APPROVED AS TO FORM:
%► ► Q5.1 (
.f
Assistant City Attorney Date
4827-4307-2521.1 4
Name
Title
4827-4307-2521.1 3
General Partner
By: �-- ''—/ :,/j
1:/ •
Paul Koch,Executive Director Date
APPROVED AS TO FORM: •
— — /� — `± . 9r
SSISTANT CITY ATTORNEY Date
P:\PLN3\6609.SAP
- 3 -
•
4
•
•
v {
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT is entered into by and between the City of Omaha, a
Municipal Corporation (hereinafter referred to as "City") and Hope of Glory Ministries, Inc. (HOGM), a
Nebraska non-profit corporation, 3525 Evans Street, Omaha, Nebraska 68111 (Exhibit "A"). This
Supplemental Agreement relates to the Agreement between the City of Omaha and NCTHP Limited
Partnership, approved by the City Council on October 27, 1998, by Resolution No. 2996, and
subsequently assigned to HOGM (hereinafter referred to as "Agreement"), and accomplishes the
following: 1) it modifies the repayment terms of the loan; and 2) it adopts all the terms and conditions
of the Agreement approved on October 27, 1998, by Resolution No. 2996, as amended.
RECITALS:
WHEREAS, the City of Omaha is a Municipal Corporation, located in Douglas County,
Nebraska, organized and existing under the laws of the State of Nebraska, and is authorized and
empowered to exercise all powers conferred by the.State Constitution, State Laws, the Home Rule
Charter of the City of Omaha, 1956, as amended, and municipal ordinances, including, but not limited
to, the power to contract; and,
WHEREAS, on October 27, 1998, by Resolution No. 2996, the City Council approved an
Agreement (Exhibit "B") between the City and NCTHP Limited Partnership. a Nebraska limited
partnership 4460 Redman Avenue, Omaha, Nebraska 68104, subsequently assigned to Hope of Glory
Ministries, Inc., a Nebraska non-profit corporation, to provide partial funding in the total amount of
$217,875.00 in HOME Investment Partnerships Funds for the rehabilitation of twenty-eight (28) rental
housing units for use as transitional housing by formerly homeless families and individuals, located at
4460, 4462, 4464, 4466, and 4468 Redman Avenue, Omaha, Nebraska, (hereinafter referred to as
"Project") and legally described as:
Lot 19, except the West 8 1/2 feet thereof, and Lots 20 and 21, in Laurel Park, an Addition
to the City of Omaha, as surveyed, platted and recorded in Douglas County,Nebraska
WHEREAS, HOGM's above-described indebtedness to the City is secured by a Deed of
Trust, Construction Security Agreement and Assignment of Rents in the amount of Two Hundred
Seventeen Thousand Eight Hundred Seventy-five and 00/100 Dollars ($217,875.00), executed on
December 18, 1998, filed with the Douglas County Register of Deeds on December 18, 1998, in Book
5549 on Page 158, and related Promissory Note (hereinafter referred to as "Loan Documents"); and,
WHEREAS, the terms of the Agreement and Loan Documents specify that payments on the
above-referenced HOME funded repayable loan are deferred for a period of fifteen (15) years and then
amortized at the rate of two percent(2%)per year over an additional period of thirty (30) years; and,
WHEREAS, HOGM intends to continue to use the property for transitional housing for
formerly homeless families and individuals and renovate some of the units with funds granted to HOGM
.I
ut: .7'-�1�
/t � 2Nzef , ,
.r
nowledgment: Trustor agrees and acknowledges that prior to the execution of this Deed of Trust, Trustor did
acknowledge in writing and hereby confirms again that(a)this Deed of Trust is not a mortgage,but a deed of trust, (b)that the power of
sale provided for herein provides substantially different rights and obligations for Trustor than a mortgage in the event of a default or
breach of any obligation hereunder, and (c) the aforementioned written acknowledgment was executed prior to the execution of this
Deed of Trust.
25. Law Applicable: That this Deed of Trust shall be construed according to the laws of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
Section 4. Each party represents to the other parties that it has the necessary authority to
enter into this Supplemental Agreement. (Exhibit"A")
Section 5. This Supplemental Agreement may not be assigned by any party without the
written consent of the other parties hereto.
IN WITNESS WHEREOF, the parties have executed this Supplemental Agreement as of the
date last written below.
ATTEST: CITY OF OMAHA, A Municipal Corporation
in Douglas County,Nebraska
A?
/ . - Y.§
ler of the City o Omaha ate ► .y•r of th ity of Omaha M
WITNESS: By: HO,P F GLORY MINISTRIES, INC., a
Nebraska on-Profit Corporation
(7'7
I(
ate Patricia . i lams Date
Secretary
•
APPROVED AS TO FORM:
CITY ATTORNEY Date
er the laws of the State of Nebraska, and is authorized and
empowered to exercise all powers conferred by the.State Constitution, State Laws, the Home Rule
Charter of the City of Omaha, 1956, as amended, and municipal ordinances, including, but not limited
to, the power to contract; and,
WHEREAS, on October 27, 1998, by Resolution No. 2996, the City Council approved an
Agreement (Exhibit "B") between the City and NCTHP Limited Partnership. a Nebraska limited
partnership 4460 Redman Avenue, Omaha, Nebraska 68104, subsequently assigned to Hope of Glory
Ministries, Inc., a Nebraska non-profit corporation, to provide partial funding in the total amount of
$217,875.00 in HOME Investment Partnerships Funds for the rehabilitation of twenty-eight (28) rental
housing units for use as transitional housing by formerly homeless families and individuals, located at
4460, 4462, 4464, 4466, and 4468 Redman Avenue, Omaha, Nebraska, (hereinafter referred to as
"Project") and legally described as:
Lot 19, except the West 8 1/2 feet thereof, and Lots 20 and 21, in Laurel Park, an Addition
to the City of Omaha, as surveyed, platted and recorded in Douglas County,Nebraska
WHEREAS, HOGM's above-described indebtedness to the City is secured by a Deed of
Trust, Construction Security Agreement and Assignment of Rents in the amount of Two Hundred
Seventeen Thousand Eight Hundred Seventy-five and 00/100 Dollars ($217,875.00), executed on
December 18, 1998, filed with the Douglas County Register of Deeds on December 18, 1998, in Book
5549 on Page 158, and related Promissory Note (hereinafter referred to as "Loan Documents"); and,
WHEREAS, the terms of the Agreement and Loan Documents specify that payments on the
above-referenced HOME funded repayable loan are deferred for a period of fifteen (15) years and then
amortized at the rate of two percent(2%)per year over an additional period of thirty (30) years; and,
WHEREAS, HOGM intends to continue to use the property for transitional housing for
formerly homeless families and individuals and renovate some of the units with funds granted to HOGM
.I
ut: .7'-�1�
/t � 2Nzef , ,
.r
nowledgment: Trustor agrees and acknowledges that prior to the execution of this Deed of Trust, Trustor did
acknowledge in writing and hereby confirms again that(a)this Deed of Trust is not a mortgage,but a deed of trust, (b)that the power of
sale provided for herein provides substantially different rights and obligations for Trustor than a mortgage in the event of a default or
breach of any obligation hereunder, and (c) the aforementioned written acknowledgment was executed prior to the execution of this
Deed of Trust.
25. Law Applicable: That this Deed of Trust shall be construed according to the laws of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
- , lejit,ib, I- A
. .
. . ,
• ,STATE OF
. ,
,:z„.--.,;-..,/,..7.-_..zliz.,--„,. .... NEBRASKA
• il 114',14,.;,:.:4-9...+, A'"?'"'E44.. It':',..,i,ZA,,, 4-,-,,7r..7,
I 1 0:21'i'.',,:0,'''''Ir':..4.",?,'..t*,a;•zi'-•46.,..,i!zeo,,,y,,_., •-•..,
11 fi','k?:' •',,,,,,'"•.'4V',"'/ '''''t..•',. ..1';;,.'AgeRM5'`••••
kt-4/1, ..it;t./Ii//'•:"at///itS, -„,,..;/.t›,.:...,i.'t,'W..•- -.&••••• •otti:
'I'scii///,''',1 to-Ir'4/4c70,:siti.. ./t•--Ir.tt'•kitititi/t I.i.f/tt:;:
i I t,I30.fit:',',i/i Al••''' i,:•'''''.:"-t.-:.'"•e,4., 7 Xdr,:,'''','::n.
1', t'@';','',':,- .04:4'.:'''-4,‘,7,4.*.,*; titili,:::/,.:<, ,,,,;/.-i,•
I I ,rXi•V:II7U1S4.;.1; rii'l•,..1.,?...•'II'''7 It•Iq '
1 t '.it''''i,zi"I':ii'i/Y•vi,iI"lc:r".I '''y/''' *2///tAz'-•••••II'"I''''-/I''7‘I?' ,
/I SiItt-tY./itsii//f.ii;/IiNi4....• ._tiNI ..t:i7-•I',..I-If t•i•ii•I'i':I'Iii I/"
I rI4ie. ti•tiLlt:/*t...iiiiiIitia4/./IITA,Iii•••AIII •I'•::.-•'-I•It-'••-.I I: "rt"/Zilrit*.r:t i.../i/-• „3.27',,•'-'i."•41 ,,i',/,'..-',.:1;:i.:'/:/II:•IiI .
'''' I ttili.-.:'"E'IttIY:iiii•;/.;
United States of America, 1 11. .-.4744-t.. :1,.4.:cs•r..,.. Department of State
State of Nebraska I ss. ,i
Lincoln,Nebraska
1 i
•
•
I, John A. Gale; Secretary of State.of Nebraska do hereby certify.
the attached is a true and correct copy of Articles of Amendment to
the Articles of Incorporation of
HOPE OF GLORY CHRISTIAN FELLOWSHIP MINISTRIES, INC.
. .
changing the corporate name .to
, . •
, OF GLORY MINISTRIES, INC.
HOPE
. :
, . .
. .
with registered'offiCelocated in OMAHA Nebraska, as filed in this
office on AprillS,:.291L.::::,
In Testimony Whereof, . .1''have.hereunto set my hand and
affixed the.Great Seal of the State
-of Nebraska on Aprii-13., 2011.
, 'IPi.ii•aiitt'T,:-.‹Liciiit%ii':itii,'Iti.f:/eXi.,,,itt ,
t'D,,>.)/;,t./•;:tn--..,...0•,, ingt•.‘,./w.,,,t-OWtt,ot.'.,
v.!;,,/•.;•.•'.. _,..kr,••••tt;t:I"'•••';',:-/7-,7. ,:'0/' -t,''t.t,vi•f,..•1 •
'
••• ./.:Ii. 71:),/e,' `iiiii'.;:d0I4I'04/..,/,t.;;II44-;'O'MI,...
4i Is• ... •,,
„,,,,,,,„.•.:••1/)./7„-invii/i,/ 0 pi•okv.o04.4,,t, -''It/ ''-" it.\\...•\„,\/./:•-•„tii,-
"IP':I ', ;•;•:t.A/7'%/0`..7.441-0,4 t`'''-V.7.,••,..,::"l'I. ,14(4,0 4,#4,ct•it,i•_
-7,5" 2.6,,,";i'14:4VP,Iet,,,:fr"-f ''''""*ANtlk..•14t4V:
?I'111..SECRE'TARY OF STATE
' •''',/tOtflii4.V:. ..,,. .,.'ZIL,P,g:: 1',..,,,,,,„ .4,4,i'ef.„
••.:.:),-,.:*41011,i0.:>:•$;,0,14,4‘44ificiilt%4.' ','.?'•-H';'''
•, !..S-1,414 FAi.i4'It.,..,•:..;4_,-..;, f1,'3';w0.1, 1•.:::A),V.,,-,4 0"ii.-;';,-: .
)
- ''',-t'Aft.1,,..? ..4-KA-7:17_4, ..,::: fx,:v ,• ',!.,-4.;„,,,,,e tc,,,: 1
:f,4*,,,,x+,..74 ..,,r-ic..-,-, !....Arl '"7+.%=1:_:_-(Tf>.Artv:i;:CO:2,:PI FP,:'8,.•
This certificate is not to be construed as an endorsernent,i
::ZLk,teA•42.,,:,,,,,„,. ii;g:';,,, 5,,,, ,.,,,,7,;4•ik'',,,,;;A:t?',-.: reconnendation, or notice of approval of the entity'sl
1, , ,./
7.A4));„..-;:,17,,144.W*4,•':,.; financial condition or business anci activities practices. I
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
•
' , NE Soo of Siatc John A Colo - CORP NO
lII IIIII 11III IIIII IIIII 11I11 Ills 1111
1001056774 Pgs: 1
HOPE OF GLORY MINISTRIES, INC.
Filed: 04/13/2011 02:05 PM
Hope of Glory Christian Fellowship Ministries Inc.
Articles Of Amendment
Of
Articles Of Incorporation
Article One
The Name Of The Corporation Is:
Hope of Glory Christian Fellowship Ministries,Inc.
Article Two
The Corporation Hereby Adopts The Following Amendment To Change The Name Of The Corporation.
The New Name Of The Corporation Is:
Hope of Glory Ministries,Inc.
Article Three
The amendment was adopted by a sufficient quorum vote of the board of directors
without member approval as member approval was not required
Article Four
The Date Of The Adoption Of The Amendment Was:
March 1,2011
IN WITNESS WHEREOF,the undersigned has executed these Articles Of Amendment
On April 7,2011 •
Bruce L.Williams
President
.
'''' I ttili.-.:'"E'IttIY:iiii•;/.;
United States of America, 1 11. .-.4744-t.. :1,.4.:cs•r..,.. Department of State
State of Nebraska I ss. ,i
Lincoln,Nebraska
1 i
•
•
I, John A. Gale; Secretary of State.of Nebraska do hereby certify.
the attached is a true and correct copy of Articles of Amendment to
the Articles of Incorporation of
HOPE OF GLORY CHRISTIAN FELLOWSHIP MINISTRIES, INC.
. .
changing the corporate name .to
, . •
, OF GLORY MINISTRIES, INC.
HOPE
. :
, . .
. .
with registered'offiCelocated in OMAHA Nebraska, as filed in this
office on AprillS,:.291L.::::,
In Testimony Whereof, . .1''have.hereunto set my hand and
affixed the.Great Seal of the State
-of Nebraska on Aprii-13., 2011.
, 'IPi.ii•aiitt'T,:-.‹Liciiit%ii':itii,'Iti.f:/eXi.,,,itt ,
t'D,,>.)/;,t./•;:tn--..,...0•,, ingt•.‘,./w.,,,t-OWtt,ot.'.,
v.!;,,/•.;•.•'.. _,..kr,••••tt;t:I"'•••';',:-/7-,7. ,:'0/' -t,''t.t,vi•f,..•1 •
'
••• ./.:Ii. 71:),/e,' `iiiii'.;:d0I4I'04/..,/,t.;;II44-;'O'MI,...
4i Is• ... •,,
„,,,,,,,„.•.:••1/)./7„-invii/i,/ 0 pi•okv.o04.4,,t, -''It/ ''-" it.\\...•\„,\/./:•-•„tii,-
"IP':I ', ;•;•:t.A/7'%/0`..7.441-0,4 t`'''-V.7.,••,..,::"l'I. ,14(4,0 4,#4,ct•it,i•_
-7,5" 2.6,,,";i'14:4VP,Iet,,,:fr"-f ''''""*ANtlk..•14t4V:
?I'111..SECRE'TARY OF STATE
' •''',/tOtflii4.V:. ..,,. .,.'ZIL,P,g:: 1',..,,,,,,„ .4,4,i'ef.„
••.:.:),-,.:*41011,i0.:>:•$;,0,14,4‘44ificiilt%4.' ','.?'•-H';'''
•, !..S-1,414 FAi.i4'It.,..,•:..;4_,-..;, f1,'3';w0.1, 1•.:::A),V.,,-,4 0"ii.-;';,-: .
)
- ''',-t'Aft.1,,..? ..4-KA-7:17_4, ..,::: fx,:v ,• ',!.,-4.;„,,,,,e tc,,,: 1
:f,4*,,,,x+,..74 ..,,r-ic..-,-, !....Arl '"7+.%=1:_:_-(Tf>.Artv:i;:CO:2,:PI FP,:'8,.•
This certificate is not to be construed as an endorsernent,i
::ZLk,teA•42.,,:,,,,,„,. ii;g:';,,, 5,,,, ,.,,,,7,;4•ik'',,,,;;A:t?',-.: reconnendation, or notice of approval of the entity'sl
1, , ,./
7.A4));„..-;:,17,,144.W*4,•':,.; financial condition or business anci activities practices. I
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
OP
1111111111111111111I1il1IIIII IIl IIII
1000135012 Pgs 4
HOPE OF GLORY CHRISTIAN FELLOW
Filed 07/21/2000 08 56 AM
ARTICLES OF INCORPORATION
OF
HOPE OF GLORY CHRISTIAN FELLOWSHIP MINISTRIES, INC.
The undersigned, acting as incorporators under the Nebraska Non-profit Corporation Act, adopt
the following Articles of Incorporation for such Corporation:
Article I—Name
•
The name of the Corporation is Hope Of Glory Christian Fellowship Ministries,Inc.,referred to
in these Articles of Incorporation as"the Corporation"
Article II—Type
This corporation is a public benefit corporation.
Article III—Existence
The existence of the Corporation will be perpetual.
Article IV—Registered office and Registered Agent
The registered office of the Corporate will be 4325 Bedford Avenue, Omaha, NE 68104 and
the registered agent at such address,� `i'y)e the-same. The principal office of the Corporation will
be the same. nc<-t c,''c i s s• J Ca-1^^
Article V—Incorporators
The name and street address of the incorporators are as follows:
NAME STREET ADDRESS
BRUCE L. WILLIAMS 4325 BEDFORD AVE, 68104, 01'"-4--"'`A �,
PATRICIA S. WILLIAMS 4325 BEDFORD AVE, 681041 �2��
Article VT—Purposes
The purposes for which the Corporation is formed, and the business and objects to be carried on
and promoted by it, are as follows:
•
(a) Authorized Purposes. The Corporation is organized exclusively for religious
purposes. In particular, the Corporation is a church and a non-profit organization dedicated to
, . •
, OF GLORY MINISTRIES, INC.
HOPE
. :
, . .
. .
with registered'offiCelocated in OMAHA Nebraska, as filed in this
office on AprillS,:.291L.::::,
In Testimony Whereof, . .1''have.hereunto set my hand and
affixed the.Great Seal of the State
-of Nebraska on Aprii-13., 2011.
, 'IPi.ii•aiitt'T,:-.‹Liciiit%ii':itii,'Iti.f:/eXi.,,,itt ,
t'D,,>.)/;,t./•;:tn--..,...0•,, ingt•.‘,./w.,,,t-OWtt,ot.'.,
v.!;,,/•.;•.•'.. _,..kr,••••tt;t:I"'•••';',:-/7-,7. ,:'0/' -t,''t.t,vi•f,..•1 •
'
••• ./.:Ii. 71:),/e,' `iiiii'.;:d0I4I'04/..,/,t.;;II44-;'O'MI,...
4i Is• ... •,,
„,,,,,,,„.•.:••1/)./7„-invii/i,/ 0 pi•okv.o04.4,,t, -''It/ ''-" it.\\...•\„,\/./:•-•„tii,-
"IP':I ', ;•;•:t.A/7'%/0`..7.441-0,4 t`'''-V.7.,••,..,::"l'I. ,14(4,0 4,#4,ct•it,i•_
-7,5" 2.6,,,";i'14:4VP,Iet,,,:fr"-f ''''""*ANtlk..•14t4V:
?I'111..SECRE'TARY OF STATE
' •''',/tOtflii4.V:. ..,,. .,.'ZIL,P,g:: 1',..,,,,,,„ .4,4,i'ef.„
••.:.:),-,.:*41011,i0.:>:•$;,0,14,4‘44ificiilt%4.' ','.?'•-H';'''
•, !..S-1,414 FAi.i4'It.,..,•:..;4_,-..;, f1,'3';w0.1, 1•.:::A),V.,,-,4 0"ii.-;';,-: .
)
- ''',-t'Aft.1,,..? ..4-KA-7:17_4, ..,::: fx,:v ,• ',!.,-4.;„,,,,,e tc,,,: 1
:f,4*,,,,x+,..74 ..,,r-ic..-,-, !....Arl '"7+.%=1:_:_-(Tf>.Artv:i;:CO:2,:PI FP,:'8,.•
This certificate is not to be construed as an endorsernent,i
::ZLk,teA•42.,,:,,,,,„,. ii;g:';,,, 5,,,, ,.,,,,7,;4•ik'',,,,;;A:t?',-.: reconnendation, or notice of approval of the entity'sl
1, , ,./
7.A4));„..-;:,17,,144.W*4,•':,.; financial condition or business anci activities practices. I
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
being a vessel of God's mercy for those who have lost hope because of drug addiction. To
restore to them an abundant life that is only found through Jesus Christ.
(b) Prohibited Purposes. No part of the net earnings of the Corporation shall inure to
the benefit of, or be distributable to its members, directors, officers, or other private persons,
except that the Corporation shall be authorized and empowered to pay reasonable compensation
for services actually rendered and to make payments and distributions in furtherance of its
exempt purposes. No subsequent part of the activities of the Corporation shall consist of the
carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation
shall not participate in, or intervene in (including the publishing or distribution of statements)
any political campaign on behalf of or in opposition to any candidate for public office.
Notwithstanding any other provision of these articles, the Corporation shall not carry on any
other activities not permitted to be carried on (1) by a corporation exempt from Federal income
taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or the
corresponding section of any future United States Internal Revenue law, or (2) by a corporation,
contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of
1986, as amended, or the corresponding section of any future United States Internal Revenue
law.
(c) Additional Tax Requirements. The Corporation shall distribute its income for
each taxable year at such time and in such manner as not to become subject to the tax on
undistributed income imposed by Section 4942 of the Internal Revenue Code of 1986, as
amended, or the corresponding section of any future United States Internal Revenue law. The
Corporation shall not:.
(1) engage in any act of self-dealing as defined in Section 4941(d) of the Internal
Revenue Code, as it now exists or may be amended;
(2) retain any excess business holdings as defined in Section 4943(c) of the Internal
Revenue Code, as it now exists or may be amended;
(3) make any investments subjecting it to taxation under Section 4944 of the Internal
Revenue Code, as it now exists or may be amended;and
(4) make any taxable expenditures as defined in Section 4945(d) of the Internal
Revenue Code, as it now exists or may be amended.
•1/)./7„-invii/i,/ 0 pi•okv.o04.4,,t, -''It/ ''-" it.\\...•\„,\/./:•-•„tii,-
"IP':I ', ;•;•:t.A/7'%/0`..7.441-0,4 t`'''-V.7.,••,..,::"l'I. ,14(4,0 4,#4,ct•it,i•_
-7,5" 2.6,,,";i'14:4VP,Iet,,,:fr"-f ''''""*ANtlk..•14t4V:
?I'111..SECRE'TARY OF STATE
' •''',/tOtflii4.V:. ..,,. .,.'ZIL,P,g:: 1',..,,,,,,„ .4,4,i'ef.„
••.:.:),-,.:*41011,i0.:>:•$;,0,14,4‘44ificiilt%4.' ','.?'•-H';'''
•, !..S-1,414 FAi.i4'It.,..,•:..;4_,-..;, f1,'3';w0.1, 1•.:::A),V.,,-,4 0"ii.-;';,-: .
)
- ''',-t'Aft.1,,..? ..4-KA-7:17_4, ..,::: fx,:v ,• ',!.,-4.;„,,,,,e tc,,,: 1
:f,4*,,,,x+,..74 ..,,r-ic..-,-, !....Arl '"7+.%=1:_:_-(Tf>.Artv:i;:CO:2,:PI FP,:'8,.•
This certificate is not to be construed as an endorsernent,i
::ZLk,teA•42.,,:,,,,,„,. ii;g:';,,, 5,,,, ,.,,,,7,;4•ik'',,,,;;A:t?',-.: reconnendation, or notice of approval of the entity'sl
1, , ,./
7.A4));„..-;:,17,,144.W*4,•':,.; financial condition or business anci activities practices. I
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
•
Article VII - Powers
The Corporation is empowered:
(a) To buy, own, sell, assign,mortgage, or lease any interest in real estate and
property.
(b) To borrow money and issue evidence of indebtedness in furtherance of any or all
of the objects of its business, and to secure the same by mortgage, pledge or other lien on the
Corporation's property.
(c) To purchase errors and omissions insurance, and other officer, trustee, and employee
liability insurance, casualty insurance, automobile insurance, umbrella liability insurance, life
insurance, or any other type of insurance.
(d) To do and perform all acts reasonably necessary to accomplish the purposes of the
Corporation in accordance with the provisions. of these Articles and Nebraska Revised Statutes
Section 21-1928 (1997).
Article VIII-Members
The corporation shall not have members.
Article IX-Dissolution
In the event the Corporation is ever dissolved, then, after paying or making provisions for the
payment of all of the liabilities of the Corporation, all of the remaining assets of the Corporation
shall be distributed, in the discretion of the Board of Directors, only to one or more organizations
created and operated generally for the same exempt mission as set forth in Article VI, above,
within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or
the corresponding section of any future United States Internal Revenue law. Any such assets not
so disposed of shall be disposed of by a court of competent jurisdiction of the county in which
the principal office of the Corporation is then located, exclusively for such mission described
above or to, such organization or organizations, as said court shall determine, which are
organized and operated exclusively for such purposes.
Article X - Officers
The officers of the Corporation,as provided by the Bylaws of the Corporation, shall be appointed by
the directors of the Corporation,in the manner set out in the Bylaws, and shall serve until their
successors are appointed and have qualified.The directors shall appoint the regular officers of the
Corporation at the annual meeting.The secretary and treasurer may be one and the same person.
r may be amended;and
(4) make any taxable expenditures as defined in Section 4945(d) of the Internal
Revenue Code, as it now exists or may be amended.
•1/)./7„-invii/i,/ 0 pi•okv.o04.4,,t, -''It/ ''-" it.\\...•\„,\/./:•-•„tii,-
"IP':I ', ;•;•:t.A/7'%/0`..7.441-0,4 t`'''-V.7.,••,..,::"l'I. ,14(4,0 4,#4,ct•it,i•_
-7,5" 2.6,,,";i'14:4VP,Iet,,,:fr"-f ''''""*ANtlk..•14t4V:
?I'111..SECRE'TARY OF STATE
' •''',/tOtflii4.V:. ..,,. .,.'ZIL,P,g:: 1',..,,,,,,„ .4,4,i'ef.„
••.:.:),-,.:*41011,i0.:>:•$;,0,14,4‘44ificiilt%4.' ','.?'•-H';'''
•, !..S-1,414 FAi.i4'It.,..,•:..;4_,-..;, f1,'3';w0.1, 1•.:::A),V.,,-,4 0"ii.-;';,-: .
)
- ''',-t'Aft.1,,..? ..4-KA-7:17_4, ..,::: fx,:v ,• ',!.,-4.;„,,,,,e tc,,,: 1
:f,4*,,,,x+,..74 ..,,r-ic..-,-, !....Arl '"7+.%=1:_:_-(Tf>.Artv:i;:CO:2,:PI FP,:'8,.•
This certificate is not to be construed as an endorsernent,i
::ZLk,teA•42.,,:,,,,,„,. ii;g:';,,, 5,,,, ,.,,,,7,;4•ik'',,,,;;A:t?',-.: reconnendation, or notice of approval of the entity'sl
1, , ,./
7.A4));„..-;:,17,,144.W*4,•':,.; financial condition or business anci activities practices. I
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
., •
, •
Article XI -Annual Meeting •
The annual meeting shall be held in February of each year.
•
Article XII- Bylaws
Bylaws of the Corporation may be adopted or amended by the directors at any regular meeting or
any special meeting called for that purpose; so long as they are not.inconsistent with.the
provisions of these Articles.
Signed by the incorporators this of 2000.
.12- • •
t ;•4T
<-7 ;: -e
i3RUCE L. WILLIAMS P.ATRIC1A S. WILLIAMS
4325 BEDFORD AVE, 68104 4325 BEDFORD AVE, 68104
•
•
4 •
•
OVED AS TO FORM: •
— — /� — `± . 9r
SSISTANT CITY ATTORNEY Date
P:\PLN3\6609.SAP
- 3 -
•
4
•
•
•
• '
' 11E Sec of Slalr - CORP
111111 gIN1111111111111E11111111
1 ARTICLES OF AMENDMENT
1000237394 PgS 1
Filed: 9/ORY 18/2001 FELLOW
12:54 PM
We the undersigned natural persons of the age of majority acting as incorporators of a
corporation under the Nebraska Nonprofit Corporation Act, adopt the following
Amendments to Articles of Incorporation.
Hope of Glory Christian Fellowship Ministries, Inc., a Nebraska corporation, with the
consent of Jeremiah McGhee,Bruce Williams;Perry Poyner,Mary Sivels and Patricia
Williams (Board Members) does hereby adopt and subscribe to the following:
l�t�cAvti-� -�_ -cam Noo � �vPP>< �
Restate Article —Purposes
Article VI Purposes
Hope of Glory Christian Fellowship Ministries, Inc.,is organized exclusively for
charitable,religious, and educational purposes, including for such purposes, providing
transitional housing units designed to assist homeless persons and families in their efforts
to transition from homelessness to independent'living, including providing support
services and training that will lead them to greater self-sufficiency and an improved
quality of life as they strive towards a successful transition from homelessness and
• emergency shelter to permanent housing.
•
Adopted'and dated Monday, September 17, 2001
1
remiah McGhee,President Bruce Williams,.Vice President
y future United States Internal Revenue law. Any such assets not
so disposed of shall be disposed of by a court of competent jurisdiction of the county in which
the principal office of the Corporation is then located, exclusively for such mission described
above or to, such organization or organizations, as said court shall determine, which are
organized and operated exclusively for such purposes.
Article X - Officers
The officers of the Corporation,as provided by the Bylaws of the Corporation, shall be appointed by
the directors of the Corporation,in the manner set out in the Bylaws, and shall serve until their
successors are appointed and have qualified.The directors shall appoint the regular officers of the
Corporation at the annual meeting.The secretary and treasurer may be one and the same person.
r may be amended;and
(4) make any taxable expenditures as defined in Section 4945(d) of the Internal
Revenue Code, as it now exists or may be amended.
•1/)./7„-invii/i,/ 0 pi•okv.o04.4,,t, -''It/ ''-" it.\\...•\„,\/./:•-•„tii,-
"IP':I ', ;•;•:t.A/7'%/0`..7.441-0,4 t`'''-V.7.,••,..,::"l'I. ,14(4,0 4,#4,ct•it,i•_
-7,5" 2.6,,,";i'14:4VP,Iet,,,:fr"-f ''''""*ANtlk..•14t4V:
?I'111..SECRE'TARY OF STATE
' •''',/tOtflii4.V:. ..,,. .,.'ZIL,P,g:: 1',..,,,,,,„ .4,4,i'ef.„
••.:.:),-,.:*41011,i0.:>:•$;,0,14,4‘44ificiilt%4.' ','.?'•-H';'''
•, !..S-1,414 FAi.i4'It.,..,•:..;4_,-..;, f1,'3';w0.1, 1•.:::A),V.,,-,4 0"ii.-;';,-: .
)
- ''',-t'Aft.1,,..? ..4-KA-7:17_4, ..,::: fx,:v ,• ',!.,-4.;„,,,,,e tc,,,: 1
:f,4*,,,,x+,..74 ..,,r-ic..-,-, !....Arl '"7+.%=1:_:_-(Tf>.Artv:i;:CO:2,:PI FP,:'8,.•
This certificate is not to be construed as an endorsernent,i
::ZLk,teA•42.,,:,,,,,„,. ii;g:';,,, 5,,,, ,.,,,,7,;4•ik'',,,,;;A:t?',-.: reconnendation, or notice of approval of the entity'sl
1, , ,./
7.A4));„..-;:,17,,144.W*4,•':,.; financial condition or business anci activities practices. I
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
•
•
Hope of Glory Ministries
Williams Prepared Place
BOARD OF DIRECTORS
President Secretary/ Treasurer
Rev. Marshall McGee Rev. Pat Williams
McGee Ministries,Inc. Program Administrator
8920 Curtis Circle Ste 102 Williams Prepared Place
Omaha, NE 68134 3525 Evans St.
402.578.5024 Omaha NE 68111
marshallrandin.aol.com 402.991.3948
402.208.1265
pastorpat@hogcf.org
Vice President Catherine Cook
Ward A. Chambers, M.D. 2433 Fontenelle Blvd
University of Nebraska Medical Center Omaha NE 68104
Associate Dean for Outreach and Planning
Campus Executive Director for Community
and Multicultural Affairs
984040 Nebraska Medical Center
Omaha, NE 68198
402.559.3595 •
Rev. Bruce Williams
(Formerly Homeless)
Program Director Dr. Joseph C. Stankus
Williams Prepared Place Psychologist PHD
3525 Evans St. 5620 Ames# 109
Omaha NE 68111 Omaha NE 68104
402.991.3948 402.680.8214
402.208.1611
pastorbruce@hogcf.org
Williams Prepared Place
3525 Evans Street
Omaha, NE 68111
402.991.3948
Fax: 402.991.8162
nd dated Monday, September 17, 2001
1
remiah McGhee,President Bruce Williams,.Vice President
y future United States Internal Revenue law. Any such assets not
so disposed of shall be disposed of by a court of competent jurisdiction of the county in which
the principal office of the Corporation is then located, exclusively for such mission described
above or to, such organization or organizations, as said court shall determine, which are
organized and operated exclusively for such purposes.
Article X - Officers
The officers of the Corporation,as provided by the Bylaws of the Corporation, shall be appointed by
the directors of the Corporation,in the manner set out in the Bylaws, and shall serve until their
successors are appointed and have qualified.The directors shall appoint the regular officers of the
Corporation at the annual meeting.The secretary and treasurer may be one and the same person.
r may be amended;and
(4) make any taxable expenditures as defined in Section 4945(d) of the Internal
Revenue Code, as it now exists or may be amended.
•1/)./7„-invii/i,/ 0 pi•okv.o04.4,,t, -''It/ ''-" it.\\...•\„,\/./:•-•„tii,-
"IP':I ', ;•;•:t.A/7'%/0`..7.441-0,4 t`'''-V.7.,••,..,::"l'I. ,14(4,0 4,#4,ct•it,i•_
-7,5" 2.6,,,";i'14:4VP,Iet,,,:fr"-f ''''""*ANtlk..•14t4V:
?I'111..SECRE'TARY OF STATE
' •''',/tOtflii4.V:. ..,,. .,.'ZIL,P,g:: 1',..,,,,,,„ .4,4,i'ef.„
••.:.:),-,.:*41011,i0.:>:•$;,0,14,4‘44ificiilt%4.' ','.?'•-H';'''
•, !..S-1,414 FAi.i4'It.,..,•:..;4_,-..;, f1,'3';w0.1, 1•.:::A),V.,,-,4 0"ii.-;';,-: .
)
- ''',-t'Aft.1,,..? ..4-KA-7:17_4, ..,::: fx,:v ,• ',!.,-4.;„,,,,,e tc,,,: 1
:f,4*,,,,x+,..74 ..,,r-ic..-,-, !....Arl '"7+.%=1:_:_-(Tf>.Artv:i;:CO:2,:PI FP,:'8,.•
This certificate is not to be construed as an endorsernent,i
::ZLk,teA•42.,,:,,,,,„,. ii;g:';,,, 5,,,, ,.,,,,7,;4•ik'',,,,;;A:t?',-.: reconnendation, or notice of approval of the entity'sl
1, , ,./
7.A4));„..-;:,17,,144.W*4,•':,.; financial condition or business anci activities practices. I
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
Hope of Glory Ministries Inc.
Resolution to Acquire Real Estate
•
RESOLUTIONS ADOPTED.At a meeting of the Directors of the Corporation, duly called.and held on March 1,
2011, at which a quorum was present and voting, the resolutions set forth in this Resolution were adopted.
OFFICERS. The following named persons, who are officers of the Corporation, are authorized, empowered, and
directed to take the actions authorized below for and on behalf of the Corporatiozn'mr
f /
Name Title '�Actal Sinater,�'1
Patricia.S.Williams Secretary r' / �
• ( jl
ACTIONS AUTHORIZED.Any one of the authorized officers listed aboke--rYray enter into any.agreeme.nts of
any nature with Midwest Equity Housing Group and NCTHP Limited Partnership, and those agreements will bind
the Corporation. Specifically, but without limitation, any one of the authorized officers is authorized, empowered,
and directed to-do the following for and on behalf of the Corporation:
• WHEREAS, the-Corporation requires additional facilities for the operation of its business, and WHEREAS, it
would be desirous to own rather than rent said premises,be it:
• RESOLVED, that the Corporation acquire real estate known or described as Lot 19, except the West 8 % feet
thereof, and.Lots 20 and 21, in Laurel Park, an addition to the City of Omaha, as surveyed, platted and recorded in
Douglas County fromM.idwest Equity Housing Group and NCTHP Limited Partnership.
• Grant Security. To mortgage,pledge,transfer; endorse, hypothecate, or otherwise encumber and deliver to a
lender any property now or hereafter belonging to the Corporation or in which the Corporation now or hereafter
may have an interest,including without limitation all of the Corporation's real property and all of the
Corporation's personal property(tangible or intangible), as security for the payment of any loans or credit
- accommodations so obtained, any promissory notes so executed (including an amendments to or modifications,
renewals, and extensions of such promissory notes), or any further indebtedness of the Corporation to a lender at
any time owing, however the same may be evidenced. Such property maybe mortgaged, pledged,transferred,
endorsed, hypothecated or encumbered at the time such loans are obtained or such indebtedness is incurred, or at
any other time or times, and may be either in addition to or in lieu of any property theretofore mortgaged, pledged,
transferred, endorsed,hypothecated or encumbered.
• Execute Security Documents.To execute and deliver forms of mortgage, deed of trust, pledge agreement,
hypothecation agreement, and other security agreements and financing statements which a lender may require and
which shall evidence the terms and conditions under and pursuant to which such liens and encumbrances, or any of
them, are given; and also to execute and deliver to a lender any other written instruments, and chattel paper, or any
other collateral, of any kind or nature, which a lender may deem necessary or proper in connection with or
pertaining to the giving of the liens and encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
CERTIFICATION CONCERNING OFFICERS AND RESOLUTIONS. The officers named above are duly
elected or appointed by or for the Corporation, as the case may be, and occupy the position set opposite their
respective names. This,Resolution now stands of record on the books of the Corporation, is in full force and effect,
- and has not been modified or revoked in an.y manner whatsoever.
IN TESTIMONY WHEREOF, I have hereunto set my hand and attest that each of the signatures set opposite the
name listed above is the genuine signature of the named officer.
I have read all the provisions of this Resolution, and 1 personally and on behalf of the Corporation certify that this
Resolution.accurately reflects the actions taken by the Corporation.
•
The undersigned hereby certifies that she is the duly elected and qualified Secretary and the custodian of the books
and records and seal of Hope of Glory Ministries,Inc. ,a corporation duly formed pursuant to the laws of the state of
.Nebraska and that the foregoing is a true record of a resolution duly adopted at a meeting of the Board of Directors
and that said meeting was held.in accordance with state law and the Bylaws of the above-named Corporation on
March 1, 2011,and that said resolution is now in full.force and effect without modification or rescission.
IN,.WITNEj�.S WHEREOF, I ha''e executed my name as Secretary of the above-named Corporation this 7th day of
April 20111.
.�„ , ...
'Patricia S. Williams)
.......... ..
Secretary
•
•
•
orse, hypothecate, or otherwise encumber and deliver to a
lender any property now or hereafter belonging to the Corporation or in which the Corporation now or hereafter
may have an interest,including without limitation all of the Corporation's real property and all of the
Corporation's personal property(tangible or intangible), as security for the payment of any loans or credit
- accommodations so obtained, any promissory notes so executed (including an amendments to or modifications,
renewals, and extensions of such promissory notes), or any further indebtedness of the Corporation to a lender at
any time owing, however the same may be evidenced. Such property maybe mortgaged, pledged,transferred,
endorsed, hypothecated or encumbered at the time such loans are obtained or such indebtedness is incurred, or at
any other time or times, and may be either in addition to or in lieu of any property theretofore mortgaged, pledged,
transferred, endorsed,hypothecated or encumbered.
• Execute Security Documents.To execute and deliver forms of mortgage, deed of trust, pledge agreement,
hypothecation agreement, and other security agreements and financing statements which a lender may require and
which shall evidence the terms and conditions under and pursuant to which such liens and encumbrances, or any of
them, are given; and also to execute and deliver to a lender any other written instruments, and chattel paper, or any
other collateral, of any kind or nature, which a lender may deem necessary or proper in connection with or
pertaining to the giving of the liens and encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
CITY' OF ®I AKA
* • • LEGISLATIVE CHAMBER
Omaha,Nebr 4ctgbr 27 19 98
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,under Title II of the National Affordable Housing Act of 1990,the City
of Omaha annually receives a HOME Investment Partnerships Program entitlement for the purpose
of providing affordable housing opportunities for low income households; and,
WHEREAS, the City Council, on December 16, 1997, by Resolution No. 3397,
approved the 1998 Consolidated Submission for Community Planning Development Programs
which included the HOME Affordable Housing Program; and,
WHEREAS, 22 apartment units are currently leased for the provision of transitional
housing under the Supportive Housing Program. The$174,300.00 allocation of HOME Funds and
the $43,575.00 allocation of Planning Capital Funds will be used to purchase and renovate the 30
units into 28 rental units and the remaining units into a community activities/common room; and,
WHEREAS, the NCTHP Limited Partnership, a Nebraska Limited Partnership, has
had the property inspected, a work write-up completed and has solicited bids which indicate the total
estimated cost of the properties located at 4460, 4462, 4464, 4466, and 4468 Redman Avenue to be
$1,584,637.00; and,
WHEREAS, in addition to the HOME and Planning Capital Funds, other sources of
funds include, but are not limited to, $316,677.00 permanent financing and $1,050,085.00 in the
form of a Developer Note,Affordable Housing Program and Equity Fund of Nebraska financing and
capital contributions from the partners; and,
WHEREAS, it is in the best interest of the citizens of the City of Omaha to enter into
an agreement with the NCTHP Limited Partnership, to provide partial financing to purchase and
rehabilitate the 30 units located at 4460-68 Redman Avenue into 28 apartment units for use as
transitional housing by formerly homeless families and individuals and the remaining units into a
community activities/common room.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
endorsed, hypothecated or encumbered at the time such loans are obtained or such indebtedness is incurred, or at
any other time or times, and may be either in addition to or in lieu of any property theretofore mortgaged, pledged,
transferred, endorsed,hypothecated or encumbered.
• Execute Security Documents.To execute and deliver forms of mortgage, deed of trust, pledge agreement,
hypothecation agreement, and other security agreements and financing statements which a lender may require and
which shall evidence the terms and conditions under and pursuant to which such liens and encumbrances, or any of
them, are given; and also to execute and deliver to a lender any other written instruments, and chattel paper, or any
other collateral, of any kind or nature, which a lender may deem necessary or proper in connection with or
pertaining to the giving of the liens and encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr October 27 19 98
PAGE 2
THAT, the attached Agreement, as recommended by the Mayor, between the City
of Omaha and the NCTHIP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman
Avenue, #1, Omaha, Nebraska, 68104, in the amount of$217,875.00, comprised of$174,300.00
HOME and $43,575.00 Planning Capital Program Funds, for the acquisition and renovation of the
30 units at 4460, 4462, 4464, 4466 and 4468 Redman Avenue into 28 housing units for use as
transitional housing by formerly homeless families and individuals and the remaining units into a
community activities/common room, is hereby approved. Funding shall be in the form of a
$217,875.00 Repayable Loan. These funds, in the amount of$174,300.00, shall be payable from
the FY98 HOME Transitional Housing Program, Fund No. 186, Organization No. 5012. Funds in
the amount of$43,575.00 shall be payable from Planning Capital Program, Fund 001, Organization
No. 1106, Agency No. 110; Object No. 8010.
APPROVED AS TO FORM:
cD7c �o%o l7
ASSISTANT CITY ATTORNEY DATE
P:\PLN3\6042.MAF
hereby certify that the foregoing is a true
and correct copy of the original docurheni:
now on file in the C. Cle k's n '„e.
By.
/��
y BY CITY CLERK
Councilmember
Adopted OCT 71998
City rk
Approved.. . lD M .
Ma
yor
ancing and
capital contributions from the partners; and,
WHEREAS, it is in the best interest of the citizens of the City of Omaha to enter into
an agreement with the NCTHP Limited Partnership, to provide partial financing to purchase and
rehabilitate the 30 units located at 4460-68 Redman Avenue into 28 apartment units for use as
transitional housing by formerly homeless families and individuals and the remaining units into a
community activities/common room.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
endorsed, hypothecated or encumbered at the time such loans are obtained or such indebtedness is incurred, or at
any other time or times, and may be either in addition to or in lieu of any property theretofore mortgaged, pledged,
transferred, endorsed,hypothecated or encumbered.
• Execute Security Documents.To execute and deliver forms of mortgage, deed of trust, pledge agreement,
hypothecation agreement, and other security agreements and financing statements which a lender may require and
which shall evidence the terms and conditions under and pursuant to which such liens and encumbrances, or any of
them, are given; and also to execute and deliver to a lender any other written instruments, and chattel paper, or any
other collateral, of any kind or nature, which a lender may deem necessary or proper in connection with or
pertaining to the giving of the liens and encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
• •
AGREEMENT '
THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal
Corporation in Douglas County,Nebraska; and the NCTHP Limited Partnership,a Nebraska Limited
Partnership, 4460 Redman Avenue, #1, Omaha,Nebraska 68104, for the purchase and renovation
of the 30 units located at 4460, 4462, 4464, 4466, and 4468 Redman Avenue, Omaha, Nebraska
68104, into 28 rental housing units for use as transitional housing by formerly homeless families and
individuals and the remaining 2 units into a community activities/common room.
RECITALS:
WHEREAS, the City of Omaha (hereinafter referred to as "the City") is a Municipal
Corporation located in Douglas County,Nebraska and is organized and existing under the laws of
the State of Nebraska, and is authorized and,empowered to exercise all powers conferred by the State
Constitution, laws, Home Rule Charter of the City of Omaha, 1956, as amended, and local
ordinances, including but not limited to, the power to contract; and,
WHEREAS, the NCTHP Limited Partnership has a principal place of business at 4460
Redman Avenue, #1, Omaha, Nebraska 68104; and,
WHEREAS, the NCTHP Limited Partnership has submitted a preliminary application and
has had the property inspected, a work write-up completed and has solicited bids which indicate the
total acquisition and renovation cost of the properties located at 4460-68 Redman Avenue, Omaha,
Nebraska 68104, to be $1,584,637.00; and,
WHEREAS, it is in the best interest of the City to enter into an agreement with the NCTHP
Limited Partnership to provide partial financing to acquire and renovate these properties.
IN CONSIDERATION OF THESE MUTUAL COVENANTS, the NCTHP Limited
Partnership and the City of Omaha agree as follows:
ip, to provide partial financing to purchase and
rehabilitate the 30 units located at 4460-68 Redman Avenue into 28 apartment units for use as
transitional housing by formerly homeless families and individuals and the remaining units into a
community activities/common room.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
endorsed, hypothecated or encumbered at the time such loans are obtained or such indebtedness is incurred, or at
any other time or times, and may be either in addition to or in lieu of any property theretofore mortgaged, pledged,
transferred, endorsed,hypothecated or encumbered.
• Execute Security Documents.To execute and deliver forms of mortgage, deed of trust, pledge agreement,
hypothecation agreement, and other security agreements and financing statements which a lender may require and
which shall evidence the terms and conditions under and pursuant to which such liens and encumbrances, or any of
them, are given; and also to execute and deliver to a lender any other written instruments, and chattel paper, or any
other collateral, of any kind or nature, which a lender may deem necessary or proper in connection with or
pertaining to the giving of the liens and encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
Section 1. Definitions-Abbreviations
1.1 "City" shall mean-the City of Omaha.
1.2 "Owner" shall mean - the NCTHP Limited Partnership, a Nebraska Limited
Partnership; Co-General Partners: New Creations, Inc., a Nebraska Non-profit
Corporation and Siena/Francis House, a Nebraska Non-profit Corporation(Exhibit A).
1.3 "Director" shall mean - the Planning Director of the City of Omaha.
1.4 "Repayable Loan" shall mean - a non-recourse loan in the amount of$217,875.00,
comprised of$174,300.00 HOME and $43,575.00 Planning Capital Program Funds
made subject to the terms, conditions and provisions of the loan agreement under
which said loan is made,which shall provide, inter alia, that same shall be repayable
in forty-five (45) years from and after December 1, 1999. The Repayable Loan shall
be deferred for fifteen (15) years. Beginning January 1, 2015, the loan, at the rate of
2%per annum,will begin amortizing over the remaining 30 year term(360 payments),
with monthly payments of $805.31. The principal balance shall become due and
payable upon sale or transfer of the property. The loan may only be used for the
purposes described herein.
1.5 "Construction Contract" shall mean - the contract for all renovation work to be
performed upon the Subject Property, more specifically the properties located at 4460,
4462,4464,4466, and 4468 Redman Avenue, Omaha,Nebraska 68104,together with
any work to be performed upon the land upon which said buildings are situated as may
be required hereunder or deemed necessary or advisable and occasioned by said work
upon structure.
1.6 "Rehabilitation Work" shall mean - all construction work provided for in the
Construction Contract and as may be required hereunder.
1.7 "Subject Property" or "Property" shall mean - the land, together with all the
improvements thereon, located at the 4460, 4462, 4464, 4466, and 4468 Redman
Avenue, Omaha,Nebraska, legally described below.
Lot 19, except the West 8 1/2 feet thereof, and Lots 20 and 21, in Laurel
Park,an Addition to the City of Omaha, as surveyed;platted and recorded
in Douglas County,Nebraska.
1.8 "HOME" shall mean - the program conducted under the provisions of the Cranston-
Gonzalez National Affordable Housing Act, Title II, Subtitle A - HOME Investment
Partnerships (P.L. 101-625) and the Code of Federal Regulations 24 CFR Part 92
(Exhibit B).
- 2 -
othecated or encumbered.
• Execute Security Documents.To execute and deliver forms of mortgage, deed of trust, pledge agreement,
hypothecation agreement, and other security agreements and financing statements which a lender may require and
which shall evidence the terms and conditions under and pursuant to which such liens and encumbrances, or any of
them, are given; and also to execute and deliver to a lender any other written instruments, and chattel paper, or any
other collateral, of any kind or nature, which a lender may deem necessary or proper in connection with or
pertaining to the giving of the liens and encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
•
1.9 "HOME Funds" shall mean - that portion of the HOME Investment Partnerships
• Program awarded to the City as may be available to loan during the 1998 Program
Year for acquisition and rehabilitation of the Subject Property in an amount not to
exceed $174,300.00, subject to the terms, conditions and requirements of this
Agreement.
1.9.1 "Planning Capital Funds" shall mean-that portion of General Funds awarded
to the Planning Department as may be available to loan during the 1998
Program Year for the acquisition and rehabilitation of the subject property in
an amount not to exceed $43,575.00 subject to the terms, conditions, and
requirements of this Agreement.
1.10 "Progress Payment" shall mean -that portion of the total Construction Contract paid
in one or more disbursements, based upon the value of the Rehabilitation Work
completed at the time the payment request is made.
Section 2. Duties and Conditions of City Financing
2.1 The City will provide $217,875.00 comprised of $174,300.00 FY98 HOME
Transitional Housing Program Funds and$43,575.00 Planning Capital Program Funds
for the acquisition and rehabilitation of the properties located at 4460-68 Redman
Avenue in the form of a Repayable Loan.
2.1.1 The Owner may not request disbursement of funds under this Agreement until
the funds are needed for payment of eligible costs. The amount of each
request must be limited to the actual amount needed.
2.2 The City shall review and monitor the required reports that identify the
progress/accomplishments of the Owner, on the activities included in this Agreement
and on contracts entered into with third parties pursuant thereto.
2.3 After completion of rehabilitation,the property must comply with all appropriate City
codes and ordinances, and with Federal Section 8 Housing Quality Standards and
Property Rehabilitation Standards as established by the City of Omaha Planning
Department, Housing and Community Development Division for the duration of the
period of affordability as specified in Section 3.16.3 of this Agreement.
2.3.1 The City shall perform annual inspections of the property to ensure
compliance with Section 2.3.
2.4 The City will secure its Repayable Loan with no less than a fourth mortgage/deed of
trust subordinate to an amount not to exceed $1,366,762.00, during the construction
phase. Upon completion of the Rehabilitation Work, the City's lien shall move to no
less than a second lien subordinate to an amount not to exceed $316,677.00 (first
mortgage financing) or the actual amount of the first mortgage financing, and
reasonable closing costs. The City shall ensure that the Owner repays the Repayable
Loan, as set forth in Paragraph 1.4 supra.
- 3 -
s, and chattel paper, or any
other collateral, of any kind or nature, which a lender may deem necessary or proper in connection with or
pertaining to the giving of the liens and encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
• 2.5 Progress and final payments for the Rehabilitation Work shall be made on a percentage
basis from each rehabilitation funding account as determined by the Director.
2.6 In no event shall the City assume any obligation to make any or all of the
above-referenced funding available nor shall the City incur any liability hereunder
unless and until the Owner has submitted for and received the approval of the Director
of all of the following:
2.6.1 evidence that Owner funding is available as required by Paragraph 3.1 herein;
and,
2.6.2 a duly executed Construction Contract; and,
' 2.6.3. a Performance and Labor Materials Bond and/or an Irrevocable Letter of
Credit in force for one year following the completion of the Rehabilitation
Work from the Owner/Contractors in an aggregate amount of the contract bid.
The Bonds and/or Letters of Credit shall be in favor of the City and shall be
submitted for review and approval by the Director. The City reserves the right
to reject the Letters of Credit and choice of surety for the Bonds.
2.6.4 Certificates of Insurance from all Contractors in favor of the City shall be
submitted for review and approval by the Director. The insurance coverage
shall include, at a minimum, $200,000.00 bodily injury, or death, $200,000.00
property damage and Workmen's Compensation.
2.7 In no event shall the City assume any obligations to make or continue to make any and
all of the above-referenced funding available nor shall the City incur any liability
hereunder unless and until the Owner has timely and fully complied with its duties and
obligations arising hereunder.
2.8 In the event that all of the terms and conditions for funding as set forth hereinabove
have been fully complied with,the City does hereby agree to make only those progress
payments as may be authorized to be paid by the Director or his designate upon receipt,
verification and approval of an AIA Document G702 "Application and Certificate for
Payment", provided that no payments shall be made for any work, labor, material or
expense incurred which the Director, in his sole discretion, deems to be:
2.8.1 unacceptable or substandard; or,
2.8.2 not in accordance with this Agreement or the Construction Contract as
approved; or,
2.8.3 not in conformance with the applicable state, federal and local laws, including
but not limited to, the building, plumbing and/or electrical codes; or,
2.8.4 not in conformance with the work write-up and/or proposals as approved.
- 4 -
o an amount not to exceed $316,677.00 (first
mortgage financing) or the actual amount of the first mortgage financing, and
reasonable closing costs. The City shall ensure that the Owner repays the Repayable
Loan, as set forth in Paragraph 1.4 supra.
- 3 -
s, and chattel paper, or any
other collateral, of any kind or nature, which a lender may deem necessary or proper in connection with or
pertaining to the giving of the liens and encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
2.9 In the event that all of the conditions of funding are not met on or before June 30, 1999,
•
then this Agreement shall automatically become null and void and the City shall not
be deemed to have assumed any obligation or liability hereunder. Upon the sole
discretion of the Director, this date may be extended up to an additional six months.
2.10 During the period of project development and Rehabilitation Work, and for the term
of the loan,the Owner shall maintain insurance in at least the amount of the Repayable
Loan and apply such insurance proceeds to the reconstruction of the project or
repayment in full of the Repayable Loan.
2.11 The Repayable Loan shall be a non-recourse loan; therefore, in the event of a default,
the City shall rely solely upon the property which is secured by the mortgage/deed of
trust which is the security for the non-recourse promissory note and will not initiate or
participate in any claim or proceedings against the Maker of the non-recourse
promissory note or its Partners (or the partners, officers, directors, or shareholders of
any partner) for payment of any sum due under the non-recourse promissory note or
any other sum due under the mortgage/deed of trust. (Exhibit "C")
Section 3. Duties and Conditions of the Owner
3.1 The Owner shall secure $1,366,762.00 in the form of a bank loan, Affordable Housing
Program and Equity Fund of Nebraska financing, and capital contributions from the
partners for the acquisition and Rehabilitation Work. The Owner shall certify the
availability of these funds to the Director in a manner designated by him.
3.2 The Owner does hereby certify, contract and agree that any and all funding obtained
by it or made available to it hereunder shall be used solely and exclusively for the
express purpose of rehabilitating the Subject Property in strict compliance with this
Agreement and the Construction Contract as approved, as well as the proposals,
drawings and other specifications as approved.
3.3 The Owner shall execute a non-recourse promissory note and mortgage/deed of trust
for the benefit of the City of Omaha securing the Repayable Loan.
3.4 The Owner shall submit to the Director, for his review and approval, all proposals,
working drawings,plans and specifications necessary or incidental to this project. In
addition, the Owner shall submit a duly authorized Construction Contract for the
Director's review and approval. The Director reserves the right to reject, modify and
amend any or all of the foregoing. Upon approval, no changes or amendments may be
made to any of the foregoing without the written approval of the Director. In no event
shall the City become obligated to make any payments for any work performed,
materials furnished, expenses incurred, or any other expenditure of whatsoever kind
or nature unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
3.5 The Owner shall procure and maintain insurance and secure Performance and Labor
Materials Bonds and/or Irrevocable Letters of Credit from the Owner/Contractors, in
favor of the City, in an aggregate amount of the contract bid. The Letters of Credit
shall be in force for one year following the completion of the Rehabilitation Work.
The Bonds and/or Letters of Credit shall be submitted for review and approval by the
Director. The Director reserves the right to reject the Letters of Credit and the choice
of surety for the Bonds.
3.6 The Owner shall not commence any work hereunder until such time as it has received
a written notice to proceed as issued by the Director. Any work performed prior to the
issuance of such notice shall be the sole responsibility of the Owner.
3.7 The Owner agrees to purchase and rehabilitate the 30 units located within the
properties at 4460-68 Redman Avenue into 28 rental housing units and the remaining
2 units into a community activities/common room, in accordance with this Agreement
and any and all approved proposals, plans, drawings or specifications.
3.8 The Owner shall maintain the Property at all times in a safe and sanitary condition.
3.9 The Owner shall ensure that all work performed and the Rehabilitation Work as
completed is in conformance with all State, Federal and local laws, ordinances,
regulations and codes, including but not limited to, Section 8 Housing Quality
Standards for Existing Houses (HQS) and Property Rehabilitation Standards (PRS) as
established by the Planning Department, Housing and Community Development
Division.
3.10 The Owner shall obtain a certificate from each contractor or subcontractor to be used
on this project to the effect that each contractor or subcontractor has not been disbarred
or disqualified by the U.S. Department of Housing and Urban Development (HUD).
3.11 The Owner shall ensure that all taxes, regular and special, and property insurance are
paid up-to-date of the scheduled time for loan closing and must remain current
throughout the term of the Multi-Family Rehabilitation Program Repayable Loan.
3.12 The Owner shall make best efforts to begin Rehabilitation Work no later than sixty(60)
days from the date of loan closing and to complete rehabilitation by December 31,
1999. The Director may extend the construction completion date,but in no event may
the construction completion date exceed twenty-four months from the date of execution
of this Agreement.
3.13 The Owner shall comply with the City of Omaha's HOME/Community Development
Block Grant Rental Rehabilitation Program Guidelines, attached hereto as Exhibit "D"
and incorporated herein by this reference as though fully set forth.
- 6 -
. In no event
shall the City become obligated to make any payments for any work performed,
materials furnished, expenses incurred, or any other expenditure of whatsoever kind
or nature unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
•
3.14 The Owner shall comply with the City of Omaha's Affirmative Marketing Policy of the
HOME/Community Development Block Grant Rental Rehabilitation Program
Guidelines, attached hereto as Exhibit "D" and incorporated herein by reference as
though fully set forth.
3.15 The Owner shall comply with the City of Omaha Tenant Assistance Policy of the
HOME/Community Development Block Grant Rental Rehabilitation Program
Guidelines, attached hereto as Exhibit "D" and incorporated herein by this reference
as though fully set forth. The Owner further agrees to pay any costs the City deems
necessary for the displacement of tenants, either permanent or temporary, pursuant to
the City of Omaha Tenant Assistance Policy.
3.16,9 The Owner agrees that 100% of the units shall be occupied by very low income
families whose annual income does not exceed 60%of the "Median Income by Family
Size" as published by HUD, and as further updated and revised annually by HUD to
reflect the current or most recent income level statistics, a copy of the relevant portion
of which is attached hereto, marked as Exhibit E and incorporated herein by this
reference.
3.16.1 In no event shall eligible families be charged rental amounts in excess of the
regulatory limits as specified in the HOME Regulations, 24 CFR Part 92,
Subpart F, Section 92.252, attached hereto as Exhibit B and incorporated
herein by this reference as though fully set forth, for the leasing of the rental
housing units rehabilitated with the HOME Funds.
• 3.16.2 The Owner agrees that the occupancy and affordability requirements of
Sections 3.16, and 3.16.1 will remain in effect for a term of not less than five
(5) years beginning after project completion.
3.16.3 If, through breach of this Agreement, the Owner fails to maintain the
occupancy and affordability restrictions enumerated in Sections 3.16, 3.16.1,
• and 3.16.2 of this Agreement, all HOME Funds previously provided to the
Owner through fulfillment of this Agreement shall promptly be returned to the
City of Omaha.
3.17 The Owner shall maintain such records and accounts, including property, personnel
and financial records, as are deemed necessary by the City to assure a proper
accounting of all expenses. The Comptroller General of the United States, or any of
their duly authorized representatives,or any duly authorized representatives of the City
of Omaha, as approved by the Planning Director, shall have access to any books,
documents,.papers, records and accounts of the Owner, contractor or subcontractor
which are directly pertinent to this project for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
the Owner with any contractor or subcontractor shall include this Section to ensure said
access.
3.18 The Owner agrees to use no lead-based paint in the performance of this Agreement,
including the performance of any subcontractor: "Lead-based Paint" means any paint
•
containing more than six one-hundredths of one (1) per centum of lead by weight
(calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent
measure to lead in the dried film of paint already applied. The Owner further agrees
to abide by all Federal requirements regarding the lead-based paint poison prevention.
3.19 The Owner shall retain the following records for each family or individual occupying
a rental unit for three (3) years after the required period of affordability specified in
Section 3.16.3 of this Agreement:
3.19.1 The name, address, and unit occupied,
3.19.2 A copy of the lease/rental agreement entered into with the Owner,
3.19.3 The date(s) of occupancy, and,
3.19.4 The median family income as determined annually pursuant to Section 3.16
of this Agreement.
3.20 Occupancy Reports - During the term of the Agreement, as defined in Section 4, the
Owner shall provide to the Director the following information:
a) name(s) of tenant(s)
b) address of property
c) household income as a percent of Median Family Income as determined by HUD
d) household size
e) gender of head of household member
f) age of each household member
g) race/ethnicity of head of household
h) disabled status of any household member
3.21 The.Owner shall comply with and insure that applicable bid documents, contracts,
and subcontracts contain the Federal Labor Standards provision and applicable
Department of Labor wage determination and that no contractor is ineligible for
Federally-assisted work. The wage determination may be modified to keep it current.
All actions modifying a general wage determination apply unless notice of such
action is published less than 10 days before contract award. The City will send these
modifications to the Developer (Exhibit "F").
- 8 -
I �
re deemed necessary by the City to assure a proper
accounting of all expenses. The Comptroller General of the United States, or any of
their duly authorized representatives,or any duly authorized representatives of the City
of Omaha, as approved by the Planning Director, shall have access to any books,
documents,.papers, records and accounts of the Owner, contractor or subcontractor
which are directly pertinent to this project for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
v
3.22 The Owner shall submit to the Director a certified audit of all construction costs
including developer and contractor costs. This audit shall be performed by a duly
qualified professional, whom shall first be approved by the Director in writing. This
audit shall be submitted to the Director for review and approval. The final amount
of HOME assistance will be based on the audited costs. If the final project cost is
less than the estimated cost, the City and the Owner will share the cost savings
proportionately.
3.23 The Owner specifically hereby states and certifies that it is familiar with the limited
purpose set forth in the Federal laws, rules and regulations, and in the laws of the
State of Nebraska for which personal information requested may be used, and that
the information received will be used solely for those limited purposes and not to
harass, degrade or humiliate any person. The information released shall be used for
the limited purpose stated, and the Owner further agrees to indemnify and hold
harmless the City of Omaha for any liability arising out of the improper use of the
information provided.
3.24 If applicable, the Owner shall complete a certified rehabilitation of the Subject
Property located at 4460-68 Redman Avenue under the Historic Preservation
Certification Program.
3.25 If applicable, the Owner shall obtain final certification from the National Park
Service verifying that the Owner has complied with and met the Secretary of the
Interior's "Standards for Rehabilitation".
3.26 The Owner shall comply with the Federal Fair Housing Act, as amended, and Section
504 of the Rehabilitation Act of 1973, and renovate the appropriate number of units
accessible and adaptable for persons having mobility, hearing or vision impairments.
Section 4. Term of Agreement
This Agreement shall be in full force and effect for a period of five years from the date of
completion of the Rehabilitation Work.
Section 5. Mutual Agreements
The Owner agrees, and the City states, that the City:
5.1 Is not acting as the Owner's architect or engineer.
5.2 Makes no warranties, express or implied, as to the Rehabilitation Work.
5.3 Owes no duty to the Owner or any other person that shall arise because of any
inspection of the premises by the City's agent or employees.
- 9 -
r any of
their duly authorized representatives,or any duly authorized representatives of the City
of Omaha, as approved by the Planning Director, shall have access to any books,
documents,.papers, records and accounts of the Owner, contractor or subcontractor
which are directly pertinent to this project for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
5.4 May inspect the Property at any reasonable time, including a final inspection, to
certify completion prior to final disbursement of loan proceeds.
5.5 Is held harmless for all injury and damages arising by virtue of this Agreement.
Section 6. Provisions of the Agreement
6.1 Equal Employment Opportunity/Section 3 Clause/Affirmative Action Plan
Attached hereto as Exhibit "G" and made a part hereof by reference are the equal
employment provisions of this Agreement.
6.2 Non-Discrimination. The Owner shall not in the performance of this Agreement,
discriminate or permit discrimination in violation of race, color, sex, age, political
or religious opinions, affiliations, national origin, familial status, disability, or
handicap.
6.3 Captions. Captions used in this Agreement are for convenience and are not used in
the construction of this Agreement.
6.4 Applicable Law. Parties to this Agreement shall conform with all existing and
applicable city ordinances,resolutions, state laws, federal laws, and all existing and
applicable rules and regulations. Nebraska law will govern the terms and the
performance under this Agreement.
6.5 Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected
official or any officer or employee of the City shall have a financial interest, direct
or indirect, in any City Agreement. Any violation of this section with the knowledge
of the person or corporation contracting with the City shall render this Agreement
voidable by the Mayor or the City Council.
6.6 Merger. This Agreement shall not be merged into any other oral or written
Agreement, lease or deed of any type.
6.7 Modification. This Agreement contains the entire agreement of the parties. No
representations were made or relied upon by either party other than those that are
expressly set forth herein. No agent, employee or other representative of either party
is empowered to alter any of the terms herein unless done in writing and signed by
an authorized officer of the respective parties, pursuant to Section 10-142 of the
Omaha Municipal Code.
6.8 Assignment. The Owner may not assign its rights or obligations under this
Agreement without the express prior written consent of the City. •
- 10 -
by the City's agent or employees.
- 9 -
r any of
their duly authorized representatives,or any duly authorized representatives of the City
of Omaha, as approved by the Planning Director, shall have access to any books,
documents,.papers, records and accounts of the Owner, contractor or subcontractor
which are directly pertinent to this project for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
6.9 Strict Compliance. All provisions of this Agreement and each and every document
that shall be attached shall be strictly complied with as written, and no substitution
or change shall be made except upon written direction from authorized
representatives of the parties, pursuant to Section 10-142 of the Omaha Municipal
Code.
6.10 Termination. This Agreement may also be suspended or terminated in accordance
with 24 CFR 85.43,.Enforcement or 24 CFR 85.44, Termination for Convenience
(Exhibit "H"). Upon termination of this Agreement, all funds and interest in any
account hereunder become the property of the City and shall be returned to the City
of Omaha.
6.11 Other Program Requirements. The Owner shall be required to carry out each activity
of this Agreement in compliance with all Federal laws and regulations described in
Subparts A,E,F and H of the HOME Investment Partnerships Program; Interim Rule
(24 CFR Part 92).(Exhibit "B").
6.12 Reversion of Assets. Upon the expiration of this Agreement, the Owner shall
transfer to the City of Omaha any HOME Funds on hand at the time of expiration
and not required for the purpose of this Agreement.
6.13 Indemnification. The Owner shall indemnify and hold the City harmless from and
against: (1) any and all claims arising from contracts between the Owner and third
parties made to effectuate the purposes of this Agreement; and, (2) any and all
claims, liabilities or damages arising from the preparation or presentation of any of
the work covered by this Agreement.
6.14 Default. If,through any cause, the Owner shall fail to fulfill in a timely and proper
manner any obligations under this Agreement, or violate any of the covenants,
representations or agreements hereof,the City may upon written notice terminate this
Agreement or such parts thereof as to this Agreement,and may hold the Owner liable
for any damages caused to the City by reason of such default and termination.
6.15 Unenforceable Provisions. Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the
extent of such prohibition of enforceability without invalidating the remaining
provisions hereof or affecting the validity or enforceability of such provision in any
other jurisdiction.
6.16 Nebraska Law. This Agreement shall be a contract made under and governed by the
laws of the State of Nebraska.
6.17 This Agreement shall be binding upon the parties hereto and shall run with the
Property.
- 11 -
f the Owner, contractor or subcontractor
which are directly pertinent to this project for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
•
6.18 Disclosure of Lobbying. The Owner certifies,to the best of its knowledge and belief,
that: .
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal Loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment
or modification of any Federal contract, grant, loan or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The language of this certification be included in the award documents for all
- subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loan and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
Section 7. Authorized Representative
In further consideration of the mutual covenants herein contained,the parties hereto expressly
agree that for purpose of notice,including legal service of process,during the term of this Agreement
and for the period of any applicable statute of limitations thereafter,the following named individuals
shall be authorized representatives of the parties:
(1) City of Omaha
Director, Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,Nebraska 68183
- 12 - L
orceable Provisions. Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the
extent of such prohibition of enforceability without invalidating the remaining
provisions hereof or affecting the validity or enforceability of such provision in any
other jurisdiction.
6.16 Nebraska Law. This Agreement shall be a contract made under and governed by the
laws of the State of Nebraska.
6.17 This Agreement shall be binding upon the parties hereto and shall run with the
Property.
- 11 -
f the Owner, contractor or subcontractor
which are directly pertinent to this project for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
4
•
(2) NCTHP Limited Partnership, a
Nebraska Limited Partnership
General Partner: New Creation, Inc.
a Nebraska Non-profit Corporation
Frank Peak, Board President
4460 Redman Avenue, #1
Omaha,Nebraska 68104
and
General Partner: Siena/Francis House, Inc.
a Nebraska Non-profit Corporation
Paul Koch, Executive Director •
1702 Nicholas Street
Omaha, Nebraska 68102
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date indicated
below:
ATTEST: CITY OF
; > /4"
CITY ERK OF THE CITY OF OMAHA Date MAYOR OF THE CITY OF OMAHA Date
NCTHP LIMITED PARTNERSHIP
a Nebraska Limited Partnership
APPR:2,yep AS TO FORM:,
fC By: NEW CREATIONS, INC.
-et. 7(i ,-(.- A Nebraska ► .n-profit Corporation,
ASSISTANT CI Y ATTORNEY Date Gener. ' of er I
By . Air/�
F••nk U-• , Board President Date
By: SIENA/FRANCIS HOUSE,INC.
A Nebraska Non-profit Corporation General
Partner j
By:, l''`� /6
Paul Koch, Executiv irector Date
P:\PLN3\6043.MAF
•
- 14 - /�
greements) and that all subrecipients shall certify
and disclose accordingly.
Section 7. Authorized Representative
In further consideration of the mutual covenants herein contained,the parties hereto expressly
agree that for purpose of notice,including legal service of process,during the term of this Agreement
and for the period of any applicable statute of limitations thereafter,the following named individuals
shall be authorized representatives of the parties:
(1) City of Omaha
Director, Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,Nebraska 68183
- 12 - L
orceable Provisions. Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the
extent of such prohibition of enforceability without invalidating the remaining
provisions hereof or affecting the validity or enforceability of such provision in any
other jurisdiction.
6.16 Nebraska Law. This Agreement shall be a contract made under and governed by the
laws of the State of Nebraska.
6.17 This Agreement shall be binding upon the parties hereto and shall run with the
Property.
- 11 -
f the Owner, contractor or subcontractor
which are directly pertinent to this project for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
SCHEDULE OF EXHIBITS
Agreement
Exhibit Location Description
A 1.2 Partnership Agreement for NCTHP Limited
Partnership, Articles of Incorporation, Corporate
Resolutions, and List of Board Members from
New Creations, Inc., and Siena/Francis House,
Inc.
B 1.8, 3.16, 6.11 HOME Investment Partnerships (P.L. 101-625)
and the Code of Federal Regulations 24 CFR
Part 92
C 2.11 Non-Recourse Repayable Loan Promissory Note
D 3.13, 3.14, 3.15 HOME Rental Rehabilitation Program Guidelines,
Affirmative Marketing Policy, and Tenant
Assistance Policy
E 3.16 Median Family Income
F 3.21 Davis-Bacon Wage Decision
G 6.1 Equal Employment Opportunity/Section 3 Clause/
Affirmative Action Plan
H 6.10 Termination - CFR 85.43 - 85.44
Note: Regulations identified as exhibits and referenced herein as Exhibits B, G, and H are made
a part of the Agreement hereof by reference and are on file in the Planning Department.
P:\PLN3\6043.MAF
- 14 -
A Nebraska Non-profit Corporation General
Partner j
By:, l''`� /6
Paul Koch, Executiv irector Date
P:\PLN3\6043.MAF
•
- 14 - /�
greements) and that all subrecipients shall certify
and disclose accordingly.
Section 7. Authorized Representative
In further consideration of the mutual covenants herein contained,the parties hereto expressly
agree that for purpose of notice,including legal service of process,during the term of this Agreement
and for the period of any applicable statute of limitations thereafter,the following named individuals
shall be authorized representatives of the parties:
(1) City of Omaha
Director, Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,Nebraska 68183
- 12 - L
orceable Provisions. Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the
extent of such prohibition of enforceability without invalidating the remaining
provisions hereof or affecting the validity or enforceability of such provision in any
other jurisdiction.
6.16 Nebraska Law. This Agreement shall be a contract made under and governed by the
laws of the State of Nebraska.
6.17 This Agreement shall be binding upon the parties hereto and shall run with the
Property.
- 11 -
f the Owner, contractor or subcontractor
which are directly pertinent to this project for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
•
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, on October 27, 1998, an Agreement between the City of Omaha and
NCTHP Limited Partnership, a Nebraska Limited Partnership, 13520 California Street, Suite
250, Omaha, Nebraska 68154 (hereinafter referred to as "LP"), by Resolution No. 2996, as
amended, (hereinafter referred to as "Agreement"); and,
WHEREAS, the Agreement provided for the partial financing of the renovation of
28 rental housing units for use as transitional housing by formerly homeless families and
individuals, located at 4460, 4462, 4464, 4466, and 4468 Redman Avenue (hereinafter referred
to as "Project). This financing, in the amount of$217,875.00, was paid from HOME Program,
Fund 186, Organization 5012; and,
WHEREAS, the terms of the HOME Program Loan Agreement state that the
Developer ("LP") may not transfer its interest in the Property or assign its rights or obligations
under this Agreement without the express prior written consent of the City; and,
WHEREAS, the LP is further indebted to the City of Omaha by virtue of a NAHTF
Program Grant Agreement, in the amount of $40,000.00, secured by an Acknowledgement of
Covenant Running With Land, filed on February 16, 2010, as Instrument No. 2010013826; and
WHEREAS, the LP intends to transfer its interest in the property and assign its
rights and obligations as stated in both Agreements and related security documents to Hope of
Glory Ministries, Inc., a Nebraska Non-profit Corporation, 4325 Bedford Avenue, Omaha,
Nebraska 68104; and,
WHEREAS, the LP has requested that the City consent to the transfer of interest,
assignment of rights and obligations related to the HOME Program Loan Agreement and
NAHTF Program Grant Agreement, and modify the loan terms; and
WHEREAS, it is in the best interests of the residents of the City of Omaha that the
City consent to the transfer, assignment, and loan modifications to enable this Project to continue
to provide rental transitional housing units to formerly homeless families and individuals.
By
Councilmember
Adopted
City Clerk
Approved
Mayor
the remaining
provisions hereof or affecting the validity or enforceability of such provision in any
other jurisdiction.
6.16 Nebraska Law. This Agreement shall be a contract made under and governed by the
laws of the State of Nebraska.
6.17 This Agreement shall be binding upon the parties hereto and shall run with the
Property.
- 11 -
f the Owner, contractor or subcontractor
which are directly pertinent to this project for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
, -.
c-asa CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the. Mayor, the Mayor is authorized to take the
following actions regarding the City's interest in the property located at 4460, 4462, 4464, 4466,
and 4468 Redman Avenue, Omaha Nebraska, and owned by NCTHP Limited Partnership, a
Nebraska Limited Partnership, 13520 California Street, Suite 250, Omaha, Nebraska 68154: 1)
execute the documents necessary to consent to the transfer of interest in the above-referenced
property from NCTHP Limited Partnership to Hope of Glory Ministries, Inc., 4325 Bedford
Avenue, Omaha, Nebraska, 68104; and 2) execute the attached Supplemental Agreement
modifying the terms of the Agreement and related repayable loan documents originally approved
on October 27, 1998, by Resolution No. 2996, as amended, be and hereby is approved.
APPROVED AS TO FORM:
Ci°J ►,
ASSIS ANT CITY A T RNEY
Plnlsfl530-res
‘ .207;11aei ;
By
t• cilmember
Adopted:.1••0‘
JUN0 7 20.1� , Q
F!•..
t iiClerf/f
Approved `
Mayor
Covenant Running With Land, filed on February 16, 2010, as Instrument No. 2010013826; and
WHEREAS, the LP intends to transfer its interest in the property and assign its
rights and obligations as stated in both Agreements and related security documents to Hope of
Glory Ministries, Inc., a Nebraska Non-profit Corporation, 4325 Bedford Avenue, Omaha,
Nebraska 68104; and,
WHEREAS, the LP has requested that the City consent to the transfer of interest,
assignment of rights and obligations related to the HOME Program Loan Agreement and
NAHTF Program Grant Agreement, and modify the loan terms; and
WHEREAS, it is in the best interests of the residents of the City of Omaha that the
City consent to the transfer, assignment, and loan modifications to enable this Project to continue
to provide rental transitional housing units to formerly homeless families and individuals.
By
Councilmember
Adopted
City Clerk
Approved
Mayor
the remaining
provisions hereof or affecting the validity or enforceability of such provision in any
other jurisdiction.
6.16 Nebraska Law. This Agreement shall be a contract made under and governed by the
laws of the State of Nebraska.
6.17 This Agreement shall be binding upon the parties hereto and shall run with the
Property.
- 11 -
f the Owner, contractor or subcontractor
which are directly pertinent to this project for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such
-s• _.
w p iD a 'CD b7 -0 w c p `v s. r y w 8 r
. h CD ° w a n .a < 0 pi 4 ". c ..A A) << C/)
w F w ' i o w ¢ " a` a• o rf . ..
.t CL v, O v 0
°- 'C = ,.*, z . aroma v, w v, .
. cVV CM = yam o p � ,•.. ws o .ti
O = CD CD O - ..i `d CD w
U. C a• CD 'II, l CD ,� Ate_ v, 0 ° .
S ! p .o 0 CD `O Z O �..i O w 0\ _I• N 0 �J
�? o c cm ° Y w fl-
.-r- cr 0_, 0 ..,.., C) \
0., zR
F; • -'5':''' . Z ,mt, '-' g,,,,, 6' 1-3 -• z---+ $17 in- -o...`6' -
C) -- irs Y o a °O
O tv 8 0 UQ n Cn ° g t
CD. CD CD .• (� O A s
• CD � CDNw O N N tV CD '+ p CD w O
v, = CL '•r a.i VI C. CD to O. b 'O CL v, CD
•
•
•
,c_. E'
. 0�
. .=:
I
t iiClerf/f
Approved `
Mayor
Covenant Running With Land, filed on February 16, 2010, as Instrument No. 2010013826; and
WHEREAS, the LP intends to transfer its interest in the property and assign its
rights and obligations as stated in both Agreements and related security documents to Hope of
Glory Ministries, Inc., a Nebraska Non-profit Corporation, 4325 Bedford Avenue, Omaha,
Nebraska 68104; and,
WHEREAS, the LP has requested that the City consent to the transfer of interest,
assignment of rights and obligations related to the HOME Program Loan Agreement and
NAHTF Program Grant Agreement, and modify the loan terms; and
WHEREAS, it is in the best interests of the residents of the City of Omaha that the
City consent to the transfer, assignment, and loan modifications to enable this Project to continue
to provide rental transitional housing units to formerly homeless families and individuals.
By
Councilmember
Adopted
City Clerk
Approved
Mayor
the remaining
provisions hereof or affecting the validity or enforceability of such provision in any
other jurisdiction.
6.16 Nebraska Law. This Agreement shall be a contract made under and governed by the
laws of the State of Nebraska.
6.17 This Agreement shall be binding upon the parties hereto and shall run with the
Property.
- 11 -
f the Owner, contractor or subcontractor
which are directly pertinent to this project for the purpose of making audit,
examination, excerpts and transcriptions. Such records and accounts shall be retained
for five (5) years from the contract period completion. Any contract entered into by
unless same was expressly included in one or more of the above-mentioned
documents as approved.
- 5 -
encumbrances.
• Further Acts. To do and perform such other acts and things and to execute and deliver such other documents and
agreements, including agreements waiving the right to a trial by jury and confessing judgment against the
Corporation, as the authorized person may in his or her discretion deem reasonably necessary or proper to carry
into effect the provisions of this Resolution.
1
- '4*" X, ',
.',''''i(Ji .,'-,„'?..'''' 4,, ,,',' ."' -.... <--,•:,:,!;:, '' i
c...,.-„,,,.,L.,, * ..",....,gVZ!...i,?: '--• .
-..,-,.--- ,,,,;-;-, ..-:,;;.v..,r."•;:: :44V,,,i ''-
of the State of Nebraska.
26. Illegality: In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not
affect other provisions of this Deed of Trust which can be given effect without the conflicting provision, and to this end the provisions of
this Deed of Trust are declared to be severable.
27. General Provisions: (a) This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs,
legatees, devisees, administrators, executors, successors and assigns. (b)The term "Beneficiary" shall mean the owner and holder
(including a pledge)of any note secured hereby,whether or not named as Beneficiary herein. (c)Wherever the context so requires,the
masculine gender includes the feminine and neuter, the singular number includes the plural, and vice versa. (d) Captions and
paragraph headings used herein are for convenience only, are not a part of this agreement, and shall not be used in construing it. If
more than one person is named herein as Trustor, each obligation of Trustor shall be the joint and several obligation of each such
person. The rights or remedies granted hereunder, or by law,shall not be exclusive,but shall be concurrent and cumulative.
28. Trustee Accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided
by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or any action or proceeding in
which Trustor, Beneficiary or Trustee shall be party, unless brought by Trustee.
29. Address Mailing Notice: Trustor hereby requests that a copy of any notice of default and a copy of any notice of sale
hereunder shall be mailed to each person itemized below at the address indicated:
NCTHP Limited Partnership, a Nebraska Limited Partnership, 4460 Redman Avenue, #1, Omaha, NE, 68104
19. No Waiver by Beneficiary: No waiver by Beneficiary of any right under this Deed of Trust shall be effective unless in
writing. Waiver of Beneficiary of any right granted to Beneficiary under this Deed of Trust or of any provision of this Deed of Trust as to
any transaction or occurrences shall not be deemed a waiver as to any future transaction or occurrences. By accepting payment of
any sum secured hereby after its due date, or by making any payment or performing any act on behalf of Trustor that Trustor was
obligated hereunder, but failed to make or perform, or by adding any payment so made by Beneficiary to the indebtedness secured
hereby, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to require prompt
performance of all other acts required hereunder, or to declare a default for failure so to pay.
20. Waiver of Statute of Limitations: Time is of the essence in all Trustor's obligations hereunder; and to the extent
permitted by law, Trustor waives all present or future statutes of limitations with respect to any debt, demand or obligation secured
hereby in any action or proceeding for the purpose of enforcing this Trust or any right or remedies hereunder.
med a voluntary prepayment of the indebtedness; and any such