19.5.9.5 Borrower’s Attorney’s Opinion

A. If there have been any modifications to the FHA Loan documents or other matters that require an attorney’s opinion, particularly in the case of a mortgage increase, Borrower’s attorney must give an opinion that specifically supplements the opinion given at Initial Closing and addresses any modifications to the Loan documents that the HUD Closing Attorney has found to warrant an updated opinion, including without limitation, the following:

1. The enforceability of the documents evidencing any modification to the insured Loan’s terms, including a modification agreement, consolidation agreement, supplemental note, supplemental security instrument, supplemental UCC-1 Financing Statement, or any and all of the foregoing, and the continued first-priority position of the insured Loan’s lien;

2. Any land use restrictive agreements or extended use agreements, or any other restrictive covenants, that have been placed on the property since Initial Closing, including those connected with LIHTC, if not covered in the initial opinion; and

3. Disclosure of any material modifications to the documents covered by the opinion given at Initial Closing, including any amendments or changes to the legal description.