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TITLE 1ADMINISTRATION
PART 3OFFICE OF THE ATTORNEY GENERAL
CHAPTER 53MUNICIPAL SECURITIES
SUBCHAPTER OHOUSING FINANCE CORPORATION BONDS
RULE §53.228Basic Financing Documents

The following shall constitute basic financing documents:

  (1) loan agreement or other financing document;

  (2) trust indenture, bond resolution, or other document which shall include the following provisions:

    (A) terms of the sale of the bonds, i.e., negotiated, competitive or otherwise, identification of the purchaser, whether sold at par or discount;

    (B) place and manner of payment for the bonds;

    (C) title, aggregate amount, denomination, bond number(s), and purpose of the bonds;

    (D) maturity schedule;

    (E) payment date(s), interest rate(s) and/or method or formula for setting interest rate(s);

    (F) redemption provisions, if any;

    (G) designation of registrar and provisions for registration and transfer of the bonds;

    (H) form of bond, including on the face of all bonds a statement to the effect that such bonds have been issued under the Act and do not constitute, within the meaning of any statutory or constitutional provision, an indebtedness, an obligation, or a loan of credit of the State of Texas, the local government, or any other municipality, county, or other municipal or political corporation or subdivision of the State of Texas;

    (I) pledge and source of payment of the bonds and disposition of the bond proceeds;

    (J) creation and designation of all funds relating to the disposition of bond proceeds and the payment and security for the bonds;

    (K) authorization to use official seal on the bonds and for the appropriate officers to sign the bonds and the form of such signature and seal (manual and/or facsimile); and

    (L) specific description of the project to be financed or refinanced which includes a general, functional description of the type and use of the facility; the owner, operator, or manager of the facility and the prospective location of the facility by its street address or, if none, by a general description of its specific location;

  (3) credit agreement or other documents such as tender agent agreement, remarketing agreement, or other agreements which provide or facilitate credit enhancement for the bonds, if any, or govern provisions of the bonds. If the corporation is not a party to such agreements, they need only be submitted in substantially final form, unexecuted;

  (4) guarantee agreement or other documents guaranteeing the bonds, if any;

  (5) official statement (or preliminary official statement if the official statement is not available) or other offering document and official notice of sale, if any;

  (6) bond purchase agreement, if any;

  (7) deed of trust or other mortgage documents, if any, in substantially final form, unexecuted;

  (8) lender documents for single family bonds, including:

    (A) invitation to originate mortgage financing;

    (B) offer to originate mortgage financing;

    (C) origination, sale, and servicing agreement executed by the servicer and the issuer;

    (D) evidence of receipt by the issuer of the commitment fee from participating lenders along with the allocation of mortgage loans to be originated by participating lenders; and

    (E) a corporate authority and signature identification certificate of the servicer.


Source Note: The provisions of this §53.228 adopted to be effective November 14, 1990, 15 TexReg 6289.

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