Cal. Code Regs. Tit. 22, § 91327 - Security for the Loan
(a) Loans
may be secured by a first trust deed on the real property of the facility upon
which the work of construction is performed, or such other alternative security
as the Department may find necessary to protect the financial interests of the
State provided that such other security agreed upon is sufficient to afford
protection of the Department's investment.
(b) The Department shall not accept
alternative security in lieu of a first trust deed on the real property of the
facility unless:
(1) The borrower applies to
the Department for consideration of alternative security
arrangements;
(2) The borrower
substantiates in writing to the Department that if the Department requires a
first trust deed on the project property of the facility, the project would be
economically unfeasible; and
(3)
The Department determines and substantiates that the project is economically
unfeasible without a waiver of the requirement for a first trust deed on the
project property of the facility.
(c) The beneficiary of the security shall be
the Department.
Notes
Note: Authority cited: Sections 103, 446.2 and 446.3, Health and Safety Code; and Section 11152, Government Code. Reference: Section 13111.3, Health and Safety Code.
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