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058 <br /> 7. In the event that a Section 202 loan is not made to the Applicant by the Secretary, <br /> this Contract shall be considered terminated and the Applicant shall have no <br /> further liability for payments due hereunder. <br /> 8. The Applicant may from time to time request changes in the scope of the services <br /> of the Housing Consultant to be performed hereunder. Such changes, including <br /> any increase or decrease in the amount of the Housing Consultant's compensation. <br /> which are mutually agreed upon by and between the nonprofit Applicant and the <br /> Housing Consultant, and are approved by the Secretary, shall be incoroporated in <br /> written amendments to this Contract. <br /> 9. To induce the Secretary to make a loan to finance the development of the project, <br /> the Housing Consultant: - <br /> (a) Agrees and avers that the statements certified to on HUD Form Number 92531-A <br /> under date of 25 April . 1988 are true, correct and complete to the best of <br /> his/her knowledge and belief; and <br /> (b) Agrees upon final payment of the fee provided above, to furnish to the <br /> Applicant a certified receipt on Form HUD-92531-B reaffirming the statements <br /> made in the aforesaid certificate. <br /> 10.In no event shall the parties to this Contract have or assert any claim against the <br /> Federal Government or the Secretary by reason of this Contract, or any action <br /> taken by the Federal Government with respect to the project or loan application, <br /> including disapproval of the loan. <br /> 11. The terms and conditions of this Contract are subject to the review and approval <br /> of the Secretary, including FHA-2530 Previous Participation review. <br /> 12. Notwithstanding the execution of this Contract by the Applicant and the Housing <br /> Consultant and the fact that work has commenced hereunder, the terms and <br /> conditions may be amended upon review and approval by the Secretary. <br /> IN WITNESS WHEREOF, the nonprofit Applicant and the Housing Consultant <br /> have executed this Contract the date first above written. <br /> The InterFaith Council for Social Service, Inc. L.Lane Sarver,Inc. <br /> BY: �r.J BY: iitiffilSrivirlf—' <br /> Nonprofit Applicant Housing Consultant <br /> (NOTE: Appropriate additional provisions may be added as requried and agreed upon by the <br /> parties to the Contract and approved by the Secretary.) <br /> WARNING <br /> Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal <br /> Procedure, 72 Stat.967) shall apply to such statements. (18 U.S.C. 1001, among <br /> other things, provides that whoever knowingly and willfully makes or uses a <br /> document or writing containing any false, fictitious, fraudulent statement or entry, <br /> in any matter within the Jurisdiction of any department or agency of the United <br /> States, shall be fined not more than $10,000 or Imprisoned for not more than five <br /> years, or both.) <br /> Service to be Performed Percentage of <br /> by Housing Consultant Total Fes <br /> 1. Initial meeting with non-profit sponsor and formation <br /> of non-profit corporation 6% <br /> 2.Selection of development team 4% <br /> 3.Preparation and submission of fund reservation Application 8% <br /> 4.Preparation and submission of Conditional Commitment <br /> application 22% <br /> 5.Preparation and submission of Firm Commitment application 12% <br /> 6.Initial Closing 8% <br /> 7.Construction Period-site visits, preparation of construction <br /> draws,preparation of and advice regarding change <br /> orders & application for mortgage increase 15% <br /> 8.Cost Certification 796 <br /> 9.Final Closing 996 <br /> 10.Rent-Up 9-11 <br /> TOTAL 100% <br /> •If Borrower chooses to by-pass a phase of processing, the percentage attributable to <br /> the by-passed phase will be added to the next phase. <br /> page 3 of 3 HUD-92531-A (EH) (3-81) <br />