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discretion, disapprove the request. Disapproved requests shall not constitute a Reservation of <br />Funds. <br />Section 4.2 Disbursement of HOME Funds <br />A. RSP may not request disbursement of funds for Eligible Costs incurred under this <br />Contract until the funds are needed for payment of Eligible Costs in accordance with the <br />Program Requirements. RSP shall submit to Department at its offices in Travis County, Texas, a <br />properly completed electronic request for funds and support documentation using the Housing <br />Contract System in accordance with the Program Requirements and as required and as specified <br />by Department in its sole discretion. <br />B. Department shall determine the reasonableness of each amount requested and <br />shall not make disbursement of any such payment until Department has reviewed and approved <br />such request. The Department may request RSP to make modifications to the disbursement <br />request and is authorized to modify the disbursement procedures set forth herein and to establish <br />such additional requirements for payment of HOME Funds to RSP as may be necessary or <br />advisable for compliance with all Program Requirements. <br />C. RSP agrees to attend training, as may be reyuired by Department, prior to the <br />disbursement of any funds under this Contract. <br />D. Department shall not release any funds for any costs incurred by RSP under this <br />Contract until Department has received from RSP executed, legally enforceable loan or grant <br />documents (as applicable) which shall include, at a minimum, a promissory note, deed of trust, <br />and construction loan agreement or a grant agreement and construction grant agreement for each <br />assisted household containing remedies adequate to enforce the Program Requirements including <br />the affordability requirements of 24 C.F.R. §92.254 ("Loan/Grant Documents"). RSP shall <br />record such agreements in the real property records of the county in which the Unit is located <br />and return the original documents, duly certified as to recordation by the appropriate county <br />official, to Department. Receipt of such certified recorded original Loan/Grant Documents by <br />Department is required prior to disbursement of any funds under this Contract. <br />E. Department shall not release HOME Funds for any costs incurred by RSP under <br />this Contract until Department has received certification from RSP that its fiscal control and fund <br />accounting procedures are adequate to assure the proper disbursal of, and accounting for, funds <br />provided under this Contract. The Department shall specify the content and form of such <br />certification. <br />F. Department shall not be obligated to pay for costs incurred or performances <br />rendered by RSP before the execution of this Contract, unless otherwise specified, or after the <br />termination date of this Contract. <br />G. Department shall not disburse HOME Funds under this Contract until and unless <br />the actual receipt by Department of adequate federal funds to meet Department's liabilities under <br />this Contract. If adequate funds are not available to make payments under this Contract, <br />8 of 25 2010-0015 <br />~ _'7 3 <br />