Md. Code Regs. 05.03.08.07 - Additional Requirements

A. In addition to a promissory note and deed of trust, the Department may require the borrower to execute or provide any of the following documents:

(1) A loan agreement;

(2) An agreement and declaration of covenants and restrictions;

(3) A disbursement agreement;

(4) A guaranty of completion or loan payments;

(5) A completion assurance agreement;

(6) An assignment of the construction contract;

(7) An opinion of borrower's counsel;

(8) An opinion of contractor's counsel;

(9) A contractor's letter and certification;

(10) An assurance of compliance with civil rights requirements;

(11) A fair practices certification; and

(12) Such other documents as the Department may find it desirable or necessary to require.

B. The Department, at its sole discretion, may require additional security or collateral from the borrower to assure completion of the construction of the project or repayment of the loan.

C. The collateral may be in the form of one or more of the following:

(1) A cash escrow;

(2) A letter of credit in an amount and form and from a financial institution acceptable to the Department;

(3) Depository accounts pledged to the Department;

(4) Performance and payment bonds from a surety acceptable to the Department;

(5) A completion assurance agreement executed by the borrower and backed by some form of monetary collateral;

(6) A guaranty of completion or loan payments, or both, executed by a third party who is financially able and willing to back the guarantee by some collateral acceptable to the Department;

(7) A pledge of the developer's fee; or

(8) Other collateral acceptable to the Department.

Notes

Md. Code Regs. 05.03.08.07

Regulation .07 adopted effective 44:15 Md. R. 759, eff. 7/31/2017