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202.208306 <br />(as defined in Code Section 152, determined without regard to subsection (b)(1), <br />(b)(2), and (d)(1)(B) thereof) of another person or (v) by full-time students who are <br />married and file a joint return. The determination of whether an individual or family <br />is a Qualified Tenant shall be made at least annually on the basis of the current <br />income of such occupants. Any Dwelling Unit occupied by an individual or family <br />who is a Qualified Tenant at the commencement of occupancy shall continue to be <br />treated as if occupied by a Qualified Tenant, provided that, should such Qualified <br />Tenant's income subsequently exceed 140% of the applicable income limit, such <br />tenant shall no longer be a Qualified Tenant if, after such determination of income, <br />but prior to the next determination, any residential unit of comparable or smaller <br />size is rented to a tenant who is not a Qualified Tenant. <br />"Qualified Unit" means a Dwelling Unit in the Project designated for <br />occupancy by Qualified Tenants. <br />" Related Persons" means two or more persons related within the meaning of <br />Section 147(a)(2) of the Code, including, but not limited to, familial and trust <br />relationships, actual or attributed partnership interests, related corporations and <br />certain corporate shareholders. <br />" Rent Restricted Unit' means a Dwelling Unit if the gross rent with respect to <br />the Dwelling Unit does not exceed 30% of the imputed income limitation applicable <br />to such Dwelling Unit (based on the number of bedrooms therein in accordance with <br />Section 42(g)(2)(C) of the Code). <br />" Required Number of Years" means the number of years after the Occupancy <br />Date on which the Affordability Period expires and as set forth on the Summary <br />Page. <br />"Supportive Services and Amenities" means the supportive services and <br />amenities provided by the Owner to the tenants as set forth in the Application or on <br />the Summary Page. <br />Section 2. Representation, Covenants and Warranties of the Owner. The <br />Owner makes the following representations and warranties to induce the Authority <br />to enter into this Agreement and further represents, warrants and covenants that: <br />(a) The Owner (i) is a legal organization as described on the <br />Summary Page hereof organized under the laws of the State identified on the <br />Summary Page thereof and is qualified to transact business under the laws of <br />the State of Nebraska, (ii) has the power and authority to own its properties <br />6 Final 12/21 <br />