§ 3560.72 Loan closing. ( a ) *Requirements.* Loans will be closed in accordance with 7 CFR part 1927, subpart B and any state supplements. In all cases, the borrower must: ( 1 ) Provide evidence that an Agency-approved accounting system is in place;
( 2 ) Execute a restrictive-use contract acceptable to the Agency that establishes the borrower's obligation to operate the housing for program purposes for the term of the Agency loan; ( i ) For all section 514 loans, except as provided in § 3560.621, made pursuant to a contract entered into on or after the effective date of this regulation, the following language will be included in the mortgage and deed of trust: “The borrower and any successors in interest agree to use the housing for the purpose of housing people eligible for occupancy as provided in sections 514 and 516 of title V of the Housing Act of 1949, and Rural Housing Service regulations then in effect. The restrictions are applicable for a term of 20 years from the date on which the last loan was closed. No eligible person occupying the housing will be required to vacate nor any eligible person denied occupancy for housing prior to the close of such period because of a prohibited change in the use of the housing. A tenant or person wishing to occupy the housing may seek enforcement of this provision as well as the Government.”
( ii ) All other loans are subject to restrictive-use provisions as outlined in subpart N of this part.
( 3 ) Provide evidence that construction financing arrangements are adequate when interim financing is going to be used;
( 4 ) Provide evidence that all the funds from other sources as proposed in the application are available and that there have been no changes in the Sources and Uses Comprehensive Evaluation (SAUCE).
( 5 ) Provide evidence of the title to all security required by the Agency;
( 6 ) Provide a certification that all construction in the case of interim financing has been or, in the case of multiple advances, will be paid;
( 7 ) Provide, in the case of interim financing, a dated and signed statement from the owner's architect certifying to substantial completion of the housing project;
( 8 ) Provide a certification that all construction in the case of interim financing has been or, in the case of multiple advances, will be in accordance with the plans and specifications concurred in by the Agency;
( 9 ) Provide evidence, if applicable, that the conditions of the interim financing letter have been met; and
( 10 ) Attend a pre-occupancy conference with the Agency.
( b ) *Cost certification.* In all cases, the borrower must report actual construction costs. Whenever the Leadership Designee determines it appropriate, and in all situations where there is an identity of interest as defined in 7 CFR 1924.4 (i), the borrower, contractor and any subcontractor, material supplier, or equipment lessor having an identity of interest must each provide certification as to the actual cost of the work performed in connection with the construction contract in accordance with 7 CFR part 1924, subpart A. The construction costs must also be audited in accordance with Governmental Auditing Standards, by a Certified Public Accountant (CPA). In some cases, the Agency will contract directly with a CPA for the cost certification. Funds that were included in the loan for cost certification and which are ultimately not needed because Agency contracts for the cost certification will be returned on the loan. Agency personnel will utilize exhibit M of 7 CFR part 1924, subpart A to assist in the evaluation of the cost certification process.
( c ) *Notification of loan cancellation.* Loans may be canceled after approval and before loan closing. The Agency will notify all parties of the cancellation and the reasons for the cancellation in accordance with 7 CFR part 1927, subpart B.
[69 FR 69106, Nov. 26, 2004, as amended at 87 FR 11280, Mar. 1, 2022]