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201204294 Declaration of Trust U.S. Department of Housing OMB No. 2b77-0270 and Urban Development exp. 09/30/2013 (Public Housing Modemiaatlon Grant Projects) Office of Public and Indian Housing Whereas, (1, see instructions) Hall County Housing Authority (herein called the Public Housing Agency (PHA), a public body corporate and politic, duly created and organized pursuant to and in accordance with the provisions of the laws of the (2) State of Nebraska , and the United States of America, Secretary of Housing and Urban Development (herein called HUD) pursuant to the United States Housing Act of 1937 (42 U.S.C. 1437, et seq.) and the Department of Housing and Urban Development Act (5 U.S.C. 624) entered into a certain contract with the effective date as of (mm/dd/yyyy) (3) 04/05/2002 ,(herein called the Annual Contributions Contract) and a certain Modemization Project Grant Amendment to the Annual Contributions Contract with the effective date as of (mm/dd/yyyy) (4) 05/11/2012 ,(herein called the Modemization Grant Amendment) providing for a,grant to be made by HUD to assist the PHA in modernizing lower income housing project(s); and Whereas, as of the date of the execution of this Declaration of Trust, the Modemization Grant Amendment and the Annual Contributions Contract cover certain individual lower income housing projects located in: (5) County of Hall which will provide approximately (6) 91 dwelling units; and which lower income housing projects are known as Modernization Project No. (7) NE003000002 and individual projects as follows: Project No. (8) with approximately dwelling units, Project No. (8) with approximately dwelling units, and Project No. (8) with approximately dwelling units; arid Whereas, the modernization of each Project will have been financed with grant assistance provided by HUD. Now T6erefore, to asswe HUD of the performance by the PHA of the covenants contained in the Modemization Grant Amendment and the Annual Contributions Contract, the PHA does hereby acknowledge and declare that it is possessed of and holds in trust for the benefit of HUD, for the purposes herein stated, the following described real property situated in: (9) County of Hall To Wit: (Insert legal description for each individual project. )(10) See Attachment A and all buildings and fixtures erected or to be erected thereon or appurtenant thereto. The PHA hereby declares and acknowledges that during the existence of the trust hereby created, HUD has been granted and is possessed of an interest in the above described Project properiy, To Wit: The right to require the PHA to remain seized of the title to said property and to refrain from transferring, conveying, assigning, leasing, mortgaging, pledging, or otherwise encumbering or permitting or suffering any transfer, conveyance, assignment, lease, mortgage, pledge or other encumbrance of said property or any part thereof, appurtenances thereto, or any rent, revenues, income, or receipts therefrom or in connection therewith, or any of the benefits or contributions granted to it by or pursuant to the Modemization Grant Amendment and the Annual Contributions Contract, or any interest in any of the same except that the PHA may (1) to the extent and in the manner provided in the Annual Contributions Contract, (a) lease dwel lings and other spaces and facilities in any Project, or (b) convey or otherwise dispose of any real or personal property which is detertnined to be excess to the needs of any Project, or (c) convey ordedicate land foruse as streets, alleys, or otherpublic right-of-way, and grant easements for the establishment, operation, and maintenance of public utilities; or (d) enter into and perform contracts for the sale of dwelling units to members of tenant families, as authorized by the United States Housing Act of 1937, or (2) with the approval ofHUD, release any Project from the trust hereby created; Provided, That nothing herein contained shall be construed as prohibiting the conveyance of title to or the delivery of possession of any Project to HUD pursuant to the Annual Contributions Contract. The endorsement by a duly authorized officer of HUD (1) upon any conveyance or transfer made by the PHA of any real or personal property which is determined to be excess to the needs of any Project, or (2) upon any instrument of conveyance or dedication of property, or any interest therein, for use as streets, alleys, or other public right-of-way, or for the establishment, operation and maintenance of public utilities, or (3) upon any instrument transferring or conveying a dwelling unit, or an interest therein, to a member of a tenant family, or (4) upon any instrument of release made by the PHA of any Project shal} be effective to release such property from the trust hereby created. The individual projects covered by the Moderni7ation Grant Amendment shall be subject to this Declaration of Trust for a period of twenty years beginning on the date of the Modernization Grant Amendment. Each individual project shall also be subject to this Declazarion of Trust for a period of twenty y�rs after the date of the most recent Modemization Grant Amendment applicable to that ptoject. Upon expirarion of the period during which the PHA is obligated to operate the individual projects in accordance with the Annual Contdbutio�s Contract, the hvst hereby created shall terminate and no longer be effective. In Witness Whereof, the PHA by its officers thereunto duly authorized has caused these presents to be signed in its name and its corporate seal to be hereunto affixed and attested this date (mm/dd/yyyy) 05l11/2012 (Seal) (1, see instructions) By f . Chairperson Attest Secretary Date (mm/dd/yyyy) 05/11/2012 ref. Handbook 7485.1 form HUD-52190-B (3/90)