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200109053 EXHIBIT D CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE (LIHTC) To: Nebraska Investment Finance Authority Suite 200 1230 "O" Street Lincoln, NE 68508 -1402 Certification Dates: From: January 1, 20 To: December 31, 20 Project Name: Project No.: Project Address: City: Zip: Tax ID # of Ownership Entity: No buildings have been Placed in Service At least one building has been placed in Service but owner elects to begin credit period in the following year. If either of the above applies, please check the appropriate box, and proceed to page 2 to sign and date this form. The undersigned on behalf of hereby represents, warrants certifies that: (the `Borrower "), The Borrower has read and is thoroughly familiar with the provisions of the Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement ") between the Borrower and Nebraska Investment Finance Authority (the "NIFA ") covering the Project referred to therein (the Project "). The Project meets the minimum requirements of: (check one) 20 - 50 test under Section 42(g)(1)(A) of the Code 40 - 60 test under Section 42(g)(1)(B) of the Code 15 - 40 test for "deep rent - skewed" projects under Section 42(g)(4) and 142(d)(4)(B) of the Code There has been no change in the application fraction (as defined in Section 42(c)(1)(B) of the Code) for any building in the Project: NO CHANGE ❑ CHANGE If "Change ", list the applicable fraction to be reported to the IRS for each building in the project for the certification year on page 3. The Borrower has received an annual Tenant Income Certification from each low- income resident and documentation to support that certification, or the Borrower has a re- certification waiver letter from the IRS in good standing, has received an annual Tenant Income Certification from each low- income resident, and documentation to support the certification at their initial occupancy. YES ❑ NO Each low- income unit in the Project has been rent - restricted under Section 42(g)(2) of the Code: YES ❑ NO 6. All low- income units in the Project are and have been for use by the general public (as defined in Treas. Reg. Section 1.42 -9) and used on a non - transient basis (except for transitional housing for the homeless provided under Section 42(i)(3)(B)(iii) of the Code): YES ❑ NO ❑ HOMELESS No finding of discrimination under the Fair Housing Act, 42 U.S.C. 3601 -3619, has occurred for this Project. A finding of discrimination includes an adverse final decision by the Secretary of Housing and Urban Development (HUD), 24 C.F.R. 180.680, an adverse final decision by a substantially equivalent state or local fair housing agency, 42 U.S.C. 3616a(a)(1), or an adverse judgment from a federal court: ❑ NO FINDING ❑ FINDING 01- 351904.01 D -1