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22 C.F.R. Subpart E—Administration

Title 22 - Foreign Relations

Title 22: Foreign Relations
PART 204—HOUSING GUARANTY STANDARD TERMS AND CONDITIONS

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Subpart E—Administration

§ 204.41   Arbitration.

Any controversy or claim between A.I.D. and the Lender or any Assignee arising out of this Guaranty shall be settled by arbitration to be held in Washington, DC in accordance with the then prevailing rules of the American Arbitration Association, and judgment on the award rendered by the arbitrators may be entered in any court of competent jurisdiction.

§ 204.42   Notice.

Any communication to A.I.D. pursuant to this Guaranty shall be in writing in the English language, shall refer to the A.I.D. Housing Guaranty Project Number inscribed on the Eligible Note and shall be complete on the day it shall be actually received by A.I.D. at the address specified below:

Mail Address:

  Office of Housing and Urban Programs, Agency for International Development, Washington, DC 20523.

  Re: A.I.D. Housing Guaranty Project __–HG–__¹

¹ Enter title and numerical designation of the relevant A.I.D. Housing Guaranty Project as inscribed on each Note guaranty legend.

Telex Nos.: ITT 440001 (Answer back is AIDWNDC) RCA 248379 (Answer back is 248379 AID UR) WU 892703 (Answer back is AID WSH) WU 64154 (Answer back is AID 64154)

Fax No.: 202/647–4958

Cable Address: AID WASH DC

Other addresses may be substituted for the above upon the giving of notice of such substitution to each Lender or Assignee by first class mail at the addresses set forth in the Note Register.

§ 204.43   Governing law.

This Guaranty shall be governed by and construed in accordance with the laws of the United States of America governing contracts and commercial transactions of the United States Government.

Exhibit A to Part 204—Application for Compensation

Office of Housing and Urban Programs, Agency for International Development, International Development Cooperation Agency, Washington, DC 20523

Ref: Guaranty dated as of _________, 19__: A.I.D. Housing Project HG–____

Gentlemen:

You are hereby advised that payment of $_____ (consisting of $_____ of principal, $_____ of interest and $_____ in Further Guaranteed Payments as defined in Section 204.01(i) of the Standard Terms and Conditions of the above-mentioned Guaranty¹ ) was due on ____, 19__, on $____ principal amount of Notes held by the undersigned of the ______ (the “Borrower”), issued pursuant to the Loan Agreement, dated as of ___, ___, between the Borrower and ______. Of such amount $_____ was not received on such date and has not been received by the undersigned at the date hereof. In accordance with the terms and provisions of the above-mentioned Guaranty, the undersigned hereby applies, under Section 204.21 of said Guaranty, for payment of a total of $______, representing $______, the outstanding principal amount of the presently outstanding Notes of the Borrower held by the undersigned issued pursuant to said Loan Agreement, and $______ in Further Guaranteed Payments,² plus accrued and unpaid interest thereon to and including the date payment in full is made by you pursuant to said Guaranty. Such payment is to be made at your office in Washington, DC.

¹ Strike inapplicable portion.

² In the event the Application for Compensation relates to Further Guaranteed Payments, such Application must also contain a statement of the nature and circumstances of the related loss.

[Name of Applicant]

By ____________________
Name ____________________
Title ____________________
Dated ____________________

Exhibit B to Part 204—Assignment

The undersigned, being the registered owner of a Note in the principal amount of $______ issued by the ______ (the “Borrower”), pursuant ______, and guaranty, dated as of ___, ___ the “Guaranty”), between the Lender and the United States of America, acting through the Agency for International Development (“A.I.D.”), hereby assigns to A.I.D., without recourse (i) its entire right, title and interest in and to the Note of the Borrower referred to above (which Note is attached hereto), including its rights to unpaid interest on such Note, and (ii) its entire outstanding right, title and interest arising out of said Loan Agreement with respect to such Note, except the undersigned's right to receive payments under the Loan Agreement in respect of which A.I.D. has made no payment to the undersigned as of the date hereof.

[Name of Applicant]

By ____________________
Name ____________________
Title ____________________
Dated ____________________

Accepted:

UNITED STATES OF AMERICA

By ____________________
Name ____________________
Title ____________________
Dated____________________

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