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RECITALS: GREEN INITIATIVE USE AGREEMENT FOR MULTIFAMILY PROJECTS PARTICIPATING IN THE MARK-TO-MARKET PROGRAM UNDER THE MULTIFAMILY ASSISTED HOUSING REFORM AND AFFORDABILITY ACT OF 1997 THIS USE AGREEMENT (this "Agreement ") is made, as of March 2013, by and between CARMALOR NEBRASKA L.P., a Nebraska limited partnership (the "Owner "), and SECRETARY OF HOUSING AND URBAN DEVELOPMENT, WASHINGTON, D.C. (the "Secretary" or "HUD "). A. The Owner is the owner of all of that certain real property located in the City of Grand Island, in the County of Hall, in the State of Nebraska, as more particularly described in Exhibit A attached hereto and made a part hereof (the "Real Property"), on which is constructed that certain rental apartment project known as French Village, FHA Project No. 103 - 11065, formerly known as FHA Project No. 103 - 11017, (the "Project" and, together with the Real Property, the "Property "). B. The Property is encumbered by that certain first lien mortgage loan (the "Loan ") made to the Owner, or a predecessor in interest, by Reilly Mortgage Group, a District of Columbia corporation, or a predecessor in interest, which Loan is evidenced and/or secured by that certain Deed of Trust Note dated April 9, 2003, in the original principal amount of One Million Two Hundred Thousand and No /100 Dollars ($1,200,000.00), that certain Deed of Trust of even date therewith, and certain other instruments executed in connection with the Loan. C. In connection with, as a condition to and in consideration for the Owner's participation in the Mark -to- Market Program, as authorized by the "Multifamily Assisted Housing Reform and Affordability Act of 1997," Title V of the Departments of Veterans Affairs, Housing and Urban Development and Independent Agencies Appropriations Act, 1998 (Pub. L. No. 105 -65, 111 STAT. 1384, approved 10/27/97, as amended "MAHRA "), the Owner and the Secretary entered into that certain Restructuring Commitment dated November 15, 2012, as amended through the date hereof (collectively, the "Restructuring Commitment "), pursuant to which the parties have agreed, M2M 1 eAgn f vised for Green hitiatAre (October 2011) FRENCH VLLAGE