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202208307
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Last modified
12/1/2022 11:52:03 AM
Creation date
12/1/2022 11:50:57 AM
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DEEDS
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202208307
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202208307 <br />ASSUMPTION OF LAND USE RESTRICTION AGREEMENT <br />FOR LOW INCOME HOUSING TAX CREDITS <br />This Assumption of Land Use Restriction Agreement for Low Income Housing Tax <br />Credits (this "Assumption") is made and entered into as of November 16, 2022, by Southlawn <br />IV, LLC, a Nebraska limited liability company (the "Owner"), for the benefit of the <br />NEBRASKA INVESTMENT FINANCE AUTHORITY (the "Authority"), a body politic and <br />corporate, not a state agency, but an independent instrumentality exercising essential public <br />functions under the constitution and laws of the State of Nebraska, with respect to those certain <br />Land Use Restriction Agreement for Low Income Housing Tax Credits by and between the <br />Authority and Southlawn Apartments, L.L.C., a Nebraska limited liability company (the "Prior <br />Owner") recorded on; October 29, 1999 as Inst. No. 0099110475, with respect to the property <br />described hereto and recorded in the official records of Hall County, Nebraska (collectively <br />referred to as "the Agreement"). <br />WITNES SETH: <br />WHEREAS, the Agreements relate to the rental housing development located as <br />described on the attached Exhibit A (the "Project"); and <br />WHEREAS, the Prior Owner entered into the Agreements with the Authority for the <br />purpose of, and as a requirement for, the receipt of benefits of low income housing tax credits <br />associated with the Project; and <br />WHEREAS, the Owner purchased the Project from the Prior Owner on March 5, 2021, <br />and is willing to assume the duties and obligations of the Prior Owner under the Agreements. <br />WHEREAS, the Owner and the Project must continuously comply with Section 42 and <br />other applicable sections of the Internal Revenue Code of 1986, as amended, and the Treasury <br />Regulations promulgated thereunder; and <br />NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter <br />set forth, and of other valuable consideration, the Owner and the Authority agree as follows: <br />1. Assumption. The Owner hereby assumes, and agrees to take the Project subject <br />to, the Agreements and to complete, perform and comply with all duties and obligations of the <br />Prior Owner under the Agreements. <br />4842-8574-5182.1 <br />
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