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202108815
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Last modified
10/18/2021 12:23:44 PM
Creation date
10/18/2021 12:23:43 PM
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DEEDS
Inst Number
202108815
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202108815 <br />1 Southlawn IV Rehab 2020A10015 <br />situated on certain real property located at 1715-47, 1757-69, 1803-09, 1813-17, 1823-29 Ada Street <br />in the City/Town of Grand Island <br />of Nebraska <br />is <br />, County of Hall , State <br />, and is more particularly described in Exhibit A attached hereto <br />and incorporated herein for all purposes ("Project"). <br />2. The Project's rental units, or applicable portion thereof, must remain occupied by and affordable for <br />households with incomes at or below the levels committed to be served in the AHP Application, or as <br />modified and approved by FHLBank, for a period of fifteen (15) years from the date of the completion <br />of the Project ("Retention Period") (unless otherwise extended in a modification agreement due to <br />unforeseen circumstances). <br />3. FHLBank, whose notice address is P.O. Box 176, Topeka, KS 66601-0176, Attention: Housing and <br />Community Development, shall be given immediate written notice of any sale, refinancing, <br />foreclosure or other transfer of the Project occurring before the end of the Retention Period. <br />4. In the case of a sale or refinancing of the Project prior to the end of the Retention Period, an amount <br />equal to the full amount of the Subsidy shall be repaid to the Member, for reimbursement to FHLBank, <br />unless: (i) the Project continues to be subject to a deed restriction or other legally enforceable <br />retention agreement or mechanism incorporating the income eligibility and affordability restrictions <br />committed to in the approved AHP Application, or as modified and approved by FHLBank for the <br />duration of the Retention Period, or (ii) if authorized by FHLBank, in its discretion, the households are <br />relocated, due to the exercise of eminent domain, or for expansion of housing services, to another <br />property that is made subject to a deed restriction or other legally enforceable retention agreement <br />or mechanism incorporating the income eligibility and affordability restrictions committed to in the <br />AHP Application, oras modified and approved by FHLBank for the remainder of the retention period. <br />5. The income eligibility and affordability restrictions applicable to the Project terminate after any <br />foreclosure. Otherwise, the covenants contained herein shall continue until authorized by FHLBank <br />and released by Member in writing, or the expiration of the Retention Period, whichever should first <br />occur. <br />6. All the rights and obligations set forth herein and in the AHP Agreement shall be binding upon and <br />inure to the benefit of the Parties hereto and their respective successors and assigns during the <br />Retention Period or until authorized by FHLBank and released by Member in writing, whichever <br />should occur first. <br />7. If any part of this Agreement is or shall be deemed violative of any applicable laws, rules or <br />regulations, such legal invalidity shall not void this Agreement, or affect the remaining terms and <br />provisions of this Agreement, and this Agreement shall be construed and interpreted to comport with <br />all such laws, rules or regulations to the maximum extent possible. <br />8. The Parties shall ensure this Agreement is properly recorded in the appropriate <br />office(s)/jurisdiction(s) at Owner's expense. <br />Page 2 of 6 Revised: August 19, 2019 <br />
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