Attachment A-C.pdf

Attachment A

Reference: OCPO Acquisition Instruction 09-1

Nondisclosure Agreement between the Department of Housing and Urban Development (“HUD”) and Contractor Employee or Other External Party Granting Conditional Access to Controlled Unclassified Information (“Nondisclosure Agreement”)

Reference: Solicitation No. : DU100R-12-R-0004 Contract Number: ______________________________________________________ Task/Delivery Order Number (if applicable): _________________________________

Name of Contractor (Company): ___________________________________________________

I ____________________________, [insert name] understand that in the performance of my duties under the referenced contract, I may be granted access to controlled unclassified information (“CUI”) as defined in this agreement, and hereby consent to this agreement as a condition to such access.

I understand that:

CUI is any information which the loss, misuse, or modification of, or unauthorized access to, could adversely affect the national interest or the conduct of federal programs or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.

CUI is not available to the general public.

CUI may include:

o Government acquisition-sensitive information, including “source selection information” as defined at section 2.101 of the Federal Acquisition Regulation (48 CFR Chapter 1), contractor bid or proposal information, information contained in individual contracts that is not public information, and such contract information that is contained in Government databases;

o Proprietary economic, financial, or business information (e.g., salary information) provided to the Government by other parties (e.g., other contractors) or belonging to HUD;

o Personally identifiable information (PII) that includes, but is not limited to, social security numbers, names, dates of birth, places of birth, parents’ names, credit card numbers, applications for entitlements, and information relating to a person’s private financial, income, employment, and tax records; and o Any other information that the HUD contracting officer or other authorized HUD employee explicitly identifies as CUI.

CUI may exist in various physical media (e.g., paper, electronic file, audio or video disc) or be communicated orally, may be developed under or pre-exist the referenced contract, and may be in its original form or a derivative form (i.e., where the information has been included in contractor-generated work, or where it is discernible from materials incorporating or based upon such information).

Any unauthorized use, release, or disclosure on my part of CUI in violation of this agreement may subject me and/or my employer to administrative, civil, or criminal remedies as may be authorized by law.

Therefore, I agree that:

Reference: OCPO Acquisition Instruction 09-1

I will use CUI to which I have been granted access only for official purposes in the performance of my duties under the above-referenced contract.

Except as expressly authorized by the HUD contracting officer, I will not disclose, publish, divulge, release, or otherwise make known in any manner or to any extent, to any individual, including employees of my company or any other contractor employee(s), any CUI, including such information that in the future may be made part of the public domain.

I will not seek access to any CUI that has not been provided to me or to which I am not authorized to have access.

I will take all reasonable precautions to prevent the unauthorized use, release or disclosure of CUI to which I have been granted access.

I will immediately notify my superiors and the HUD contracting officer of any unauthorized use, release, or disclosure of CUI of which I become aware.

Upon completion or termination of my duties under the referenced contract, or as directed by the HUD contracting officer or my superiors, I will surrender and return all physical media containing CUI that was provided to me or which I have created (including personal documentation, e.g., notes) during the period of my conditional access permitted by this agreement.

Unless and until I am provided with a written release from this agreement by the HUD Contracting Officer, all conditions and requirements contained herein shall apply during the period of my conditional access to CUI and at all times thereafter.

As requested by HUD, I will submit any written work for general publication, based in whole or in part upon any information or knowledge that I obtained pursuant to this agreement, to HUD for security review prior to its submission for publication to ensure that no CUI is disclosed. Furthermore, I hereby assign to the United States Government all royalties and remuneration paid to me that have resulted or will result from any use, release, or disclosure of information that is inconsistent with this agreement.

I am [check appropriate box]:

An employee of the contractor named above.

An employee of a subcontractor to the contractor [name of company]:

Other [describe, e.g., independent consultant]: ________________________________

Signature Date

Address: _________________________________

Phone Number: _________________________________ form HUD-9807 (06/2003) ref. Handbook 4350.4Previous editions are obsolete. Page 1 of 2

Insurance Termination Request for Multifamily Mortgage

U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner

OMB Approval No. 2502-0416 (exp. 05/31/2006)

10. Name and Signature of Mortgagors (Complete only if this is a voluntary termination.) 11. Project Name (If corporate, give name of corporation and title of authorized officer who signs.)

12. HUD Holding Mortgagee Number (To be completed in all instances) 13. HUD Servicing Mortgagee Number (To be completed only if submitted by servicer)

14. Name, Address and Zip Code of Holding Mortgagee (To be completed in all instances) 15. Name, Address and Zip Code of Mortgagee's Servicer (To be completed only if submitted by servicer)

16. Signature of Holding Mortgagee's Authorized Representative 17. Signature of Servicing Mortgagee's Authorized Officer

Title of Holding Mortgagee's Authorized Representative Title of Servicing Mortgagee's Authorized Officer

For HUD Use Only: The contract of insurance, as identified above, has been terminated in accordance with this request and HUD regulations.

The original document, showing cancellation of the HUD insurance endorsement, is attached.

A refund of unearned insurance premium in the amount of $ has been authorized for the account of the mortgagor and a U.S. Treasury check will be sent to your office. This refund and any HUD premium held in escrow may be credited or returned to the borrower.

Date Document Received (mm/dd/yyyy) Effective Date of Termination (mm/dd/yyyy) Signature of Designated HUD Official Date (mm/dd/yyyy)

Certifications: I certify that no dividends are due. I certify that the amount remitted with this form is the full amount due.

The undersigned certifies that the information shown above is true and correct, and the undersigned agrees that upon request of HUD it will furnish documents to support the responses shown above.

Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)

8. The following items are attached, or the statements are applicable:

Certified or cashier's check for $100 for redemption of the preferred stock issued to FHA/HUD by the mortgagor corporation plus any due and unpaid dividends.

Original Credit Instrument. See Item 1, above.

Prior Approval to Terminate, if required (See reverse)

9. Program Information. Check a Yes or No on each of the following:

Yes No

Nonprofit

Receiving Rent Supplement

Receiving Section 8 Payments

Limited Distribution

Applicant must read all of the Instructions on back before completing this form

2. Date of This Request (mm/dd/yyyy) 3. FHA Project Number 4. Mortgagee's Loan No. (if any)

5. Date of Prepayment in Full, if applicable (mm/dd/yyyy) 6. Original Amount of Mortgage 7. Maturity Date (mm/dd/yyyy)

1. Type of Request (Place an X in those that apply)

Full Insurance Prepayment Termination: Mortgage is paid in full and original credit instrument is canceled.

Voluntary Termination: Attach the original credit instrument for cancellation of insurance endorsement.

Co-Insurance Date Deed Recorded, (mm/dd/yyyy) _______________

Mortgagee intends to file a claim

Mortgagee does not intend to file a claim

Prepayment Termination - Mortgage Paid in Full

Voluntary Termination-Attach credit instrument

Mortgagor Redeems Property After Foreclosure

3rd Party Acquires Property At Foreclosure Sale form HUD-9807 (06/2003) ref. Handbook 4350.4Previous editions are obsolete. Page 2 of 2

Public reporting burden for this collection of information is estimated to average 7 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This information is required to obtain benefits and is mandatory. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number.

Section 24 CFR 207.253(a) and (b) states that notice of the prepayment of the mortgage or loan shall be given to the Commissioner on a form prescribed by the Commissioner within 30 days from the date of the prepayment. The Section also states that the original credit instrument for cancellation of the insurance endorsement and the remittance of all sums to which the Commissioner is entitled shall accompany this form. While no assurances of confidentiality are pledged to respondents, HUD generally discloses this data only in response to a Freedom of Information request.

U.S. Department of HUD Office of Multifamily Portfolio Management, Room 6160 451 Seventh Street, S.W.

Washington, D.C., 20410

E. Upon receipt of the above information, the Office of Multifamily Portfolio Management in Washington, D.C. will review it and respond in writing, either approving, disapproving or with conditions, the request to prepay. This approval is good for a period of ninety days.

Step 4. Before completing this step, be sure that:

A. All amounts due HUD, including mortgage insurance premiums and/or late charges and interest, are paid up to date.

B. You meet the criteria under step 1 or 2, or you received approval to prepay under step 3, from the Office of Portfolio Management-Headquarters, and

C. Prepayment has actually taken place. Once prepayment has occurred, you are to submit the following information to the address or fax number listed below:

(1) Insurance Termination Request for Multifamily Mortgage, Form HUD-9807, properly executed and signed by a corporate officer.

(2) Copy of Portfolio Management’s approval letter.

(3) Copy of the property’s mortgage note(s), rider(s), and agendums.

(4) If FHA/HUD owns preferred stock of the mortgagor corporation, a certified or cashiers check made payable to the U.S. Department of Housing and Urban Development for $100 plus due and unpaid dividends should accompany the correspondence.

(5) For Voluntary termination only, the original credit instrument must be submitted to the address below for cancellation of the HUD insurance endorsement. Both the servicer and mortgagor must sign the form-9807

U.S. Department of HUD Insurance Operations Branch P.O. Box 44124 Washington, D.C. 20026-4124

Or, by Fax: (202) 401-3246

Step 5. After the contract of mortgage insurance has been terminated by HUD, a signed copy of the Form HUD-9807, together with a letter indicating whether a refund is due the mortgagor or funds are due HUD, will be returned to the mortgagee.

For a voluntary termination, cancellation of the HUD insurance endorsement will be effective on the date all requirements are met. The original credit instrument that was submitted will be returned to the mortgagee by Certified/Overnight Mail.

Instructions Step 1. If the property has 221(d)(4), 231(profit motivated mortgagor) or

213 mortgage insurance, proceed to Step 4.

Step 2. If the property is subject to HUD insured or HUD held subordinate debt, the debt must be fully satisfied before prepayment of the first mortgage or termination of the mortgage insurance will occur.

Such insurance programs include 241(a), 241(f), or Partial Pay-ment of Claim. Proceed to Step 3.

Step 3. If requesting prepayment of the property’s mortgage, and HUD consent is required by the mortgage documents and/or the regu-lations or not, you must; (Prior to submitting form HUD-9807)

A. Look at the list of the following programs on HUD web site __________________________ which have received a:

(1) Flexible subsidy or Help Loans. While as a general rule, HUD consent is required for prepayment, there are cases where the mortgage note is silent. In those cases, consult the Office of Portfolio Management in Headquarters.

(2) Rent Supplement Contract.

(3) Partial Payment of Claim.

(4) Portfolio Reengineering.

B. Not on the web site list but also requiring prior approval of HUD are:

(1) Section 231, 232, 236 or 221(d)(3) properties;

a. That are not more than 20 years from the date of final endorsement,

b. Originally owned by non-profits due to their 40 year lock-in restriction, or

c. Originally an LD and sold to NP.

(2) Section 207/223(f).

a. According to the 223(f)(3) of the National Housing Act, five years must have elapsed since the date of final endorsement, or

b. If purchased by GNMA pursuant to Section 305 of the National Housing Act, 20 years must have elapsed since the date of final endorsement.

C. If the property is in any of the above categories, and has not received HUD consent, it is not eligible to prepay and no further action can occur. Proceed no further.

D. If the property is not one of the categories listed above, it may or may not be eligible to prepay and you are to submit the following information to the address below:

(1) A written request for prepayment

(2) A copy of the mortgage note(s), rider(s) and agendums

(3) Owner’s requested prepayment date, if known

(4) A written statement that a copy of the above information has been sent to the HUD Field Office with jurisdiction for the property.

U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner

Mortgage Record Change For Insured Loans Only, Not for Commitment Assignments

OMB Approval No. 2502 - 0422 (exp. 7/31/99)

Public reporting burden for this collection of information is estimated to average 0.1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Reports Management Officer, Office of Information Technology, Paperwork Reduction Project (2502-0422), U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600.

Do not send this form to the above address.

1. Type of Action: (mark all applicable boxes)

Change of Holding Change of Mortgagor Mortgagee or Servicer (Home Mortgages Only)

Sale of Mortgage Credit of new Mortgagor not approved by HUD

Change of Servicer Credit of new Mortgagor approved by HUD under 2210 procedure

2. Original Amount of Mortgage: 3. FHA Case or Project No: Section of Act Code:

4. Name of New Mortgagor: (change of Home Mortgagor only)

5. Maturity Date: (month/year)

6. (for Projects Only)

Construction is Completed Construction is Uncompleted

7. Date of This Notice: (mm/dd/yy) 8. Date of Transfer: (mm/dd/yy)

9. Selling Mortgagee: (mortgagee code no., name, address & zip code) 10. Purchasing Mortgagee: (mortgagee code no., name, address & zip code)

11 Name of Present Mortgagor (or Previous Mortgagor if for a Mortgagor change) : 12. Servicer to Which Future Premium Notices Should Be Sent:

(mortgagee code no., name, address & zip code)

13. Property Address: (include zip code)

14. Selling Mortgagee: (signature of Authorized Official) 15. Purchasing or Holding Mortgagee: (signature of Authorized Official) For Multifamily Projects Only

X X form HUD-92080 (6/91) ref. Handbook 4110.2

Instructions: Submit the original only to HUD within 15 calendar days from the date of change for home or multifamily mortgage.

Sale of Mortgage It is the Seller's responsibility to submit this form. Boxes 1, 2, 3, and 5 thru 14 must be completed by the Seller. Box 15 must be signed by an authorized official of the purchasing mortgagee. Signatures in boxes 14 and 15 are official notice to HUD that this insured loan has been sold in accordance with HUD regulations. Seller and purchaser agree that the purchaser succeeds to all rights and assumes all obligations of the Seller under the HUD contract of insurance. Upon receipt of this notice by HUD, the Seller will be released from its obligations under the contract of insurance. HUD will acknowledge receipt of this notice to the Seller and to the Purchaser by monthly computer listing.

Change of Servicer Boxes 1, 2, 3, 5, 7, 8, 10, 12, and 15 must be completed.

Change of Mortgagor Boxes 1, 2, 3, 4, 5, 7, 8, 10, 12, and 15 must be completed. If a mortgagee marks the form indicating that a new home mortgage borrower has HUD-approved credit, HUD will accept this notice as mortgagee certification that all HUD requirements have been met. On all changes involving Section 222 cases, box 13 must be completed.

On home mortgage assumptions by eligible military personnel, attach the previously filled-in DD Form 802, Certificate of Eligibility, plus all copies and mark this box.

For Multifamily changes, mail the completed form to:

U.S. Department of Housing and Urban Development Multifamily Insurance Operations Branch PO Box 44124 Washington, DC 20026-4124

For Single Family changes, mail the completed form to:

U.S. Department of Housing and Urban Development Attn: Data Quality Section PO Box 23991 Washington, DC 20026-3991

DAP HUD-290 (01/31/2005)

Closing Memorandum For FHA & Risk Sharing Multifamily Loans

U.S. Department of Housing and Urban Development Office of Housing --Federal Housing Commissioner

1. Closing You Are Reporting. 2a. Project Identification.

Initial on Insured Advances X Final on Insured Advances

Initial/Final Ins Upon Completion

Project Number: 05135510

Name: Kilburn Crossing Apartments

2b. Superseded Project Numbers. 2c. Parent/Primary Project Number.

3. Project Location.

Street Address: Harrison Road, City, State, Zip: Spotsylvania, VA, 22401- Scattered Site: Yes X No

4. Type of Guarantee. 5. Special Characteristics. Check all that apply.

X FHA Insurance

QPE Risk Sharing HFA Risk Sharing

HUD Share % HFA Share %

X MAP LIHTC Refi of 202 loan 236 IRP Decoupling Tax Exempt Bonds 223e Declining Area HOPE VI HOME Small Projects (SPP)

OMHAR CDBG

6. Purpose of this Loan. Fill in only for FHA Insurance -- not Risk Sharing.

X New Construction (& not 241a) Refinance a FHA loan Sub Rehab Refinance a non-FHA loan 2 yr Operating Loss Purchase FHA insured project 10 yr Operating Loss Purchase non-FHA project Convert Coinsurance 241a Improvements/Additions

Uses of 241a loan: Check all that apply.

Improvements Nursing Home Equipment Addition/ Removal of Units Add: Remove:

Addition/ Removal of Beds (232 only)

NH/ICF ALF B & C

Beds Added:

Beds Removed:

7. Section of Act. 8. Credit Subsidy is NOT required for this app’s SoA and special characteristics.

Code: OMI

Name: 221d4 NC/SR

9. Processing Dates. 10. Facility Type.

Firm Comm’t Issued: 06/06/2003

Firm Comm’t Reissued:

Firm Last Amended: 08/05/2003 Initial Endorsement: 09/08/2003 Final Endorsement: 08/25/2005

SRO Mobile Home Park Health Care: Check predominate facility type:

X Apts Hospital Nursing Home/ Intermediate Care Facility (NH/ICF)

Coop Group Practice Assisted Living Facility (ALF)

Condo Board and Care (B & C)

11a. Units in Apts & Coops. 11b. Units & Beds in 232 Health Care. Count by facility type. 11c. Beds in 242 Hospitals.

NH/ICF ALF B & C Total

Revenue Units: 220 Beds/Persons: Beds:

Non-Rev Units: 0 Revenue Units:

Total Units: 220 Non-Rev Units:

Total Units:

12. Lender. 13. Mortgagor Entity.

ID No: 60152 Name: REILLY MORTGAGE GRP

Name:

14. Mortgage Terms.

Permanent Interest Rate: 4.7100 % Date 1st Principal Due: 04/01/2005 Date Balloon Due: (QPE only)

Amount Initially Endorsed: $17,996,700 Maturity Date: 03/01/2045 Increase/Decrease: $511,000 Term (months): 480 (40 Yrs, 0 Mos.)

Amount Finally Endorsed: $18,507,700 Monthly P&I Payment $85,718.42

15. Director’s Certification. Only the HUB/ Program Center/ HUB Operations/ OMHAR Regional Director may sign.

I certify that:

1. The above accurately describes the subject loan and project.

2. Any required credit subsidy (CS) has been obligated. CS decisions and any CS obligated to date are based on the SoA, mortgage amount and special characteristics checked above. Any required firm commitment authorization or CSCS.1 obligation is attached.

3. All attachments required by HUD’s 290 web site are included.

Director’s Name Title Signature

HUB Name Program Center Name Date

See instructions at http://hudweb.hud.gov/po/h/hm/fog/dev/290.htm for a list of required attachments. These vary by the type of closing you are reporting.

Send ORIGINAL & required attachments to: Send COPY to:

Multifamily Insurance Operations Branch (HFFMI)

PO Box 44124, Washington, D.C. 20026-4124

Field Office Project Docket

Washington Docket (only final closings) http://hudweb.hud.gov/po/h/hm/fog/dev/290.htm

Attachment C

Description of Labor Categories

Project Manger:

Serves as the contractor's single contract manager, and shall be the contractor's authorized interface with the Government Contracting Officer. The project manager must have demonstrated specialized accounting education and practical experience in conducting financial audits; he is to be responsible for the management of the task including personnel decisions.

Senior Accountant:

The Senior Accountant is responsible for ensuring that all work products produced by the contract staff are correct.

He will be asked to review and concur on each audits.

Accounting Clerks:

Accounting Clerks will be responsible for performing the actual premium reviews on the individual insured projects.

They are to concur on their work and submit the packages to the Senior Accountant for final review and submittal to HUD staff for approval.

Correspondence Clerks:

The Correspondence Clerks will be responsible for preparing the actual letters that accompany the premium review and termination documents sent to the respective lenders. They will answer telephone inquiries and either fulfill the inquiries or forward them to the appropriate HUD staffer as required. They will make log entries for endorsement packages and termination documents at the different stages of completion and keep the documents flowing to the correct destinations. They are to handle all file requests making the appropriate log entries to the tracking log and be the focal point for all files traveling between the HUD building and the offsite file storage facility.

File Clerk:

The File Clerk is to perform all file transactions from filing and retrieving them and logging them in and out of the file secure file storage area.