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202401336
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Last modified
4/1/2024 4:04:18 PM
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4/1/2024 4:04:18 PM
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DEEDS
Inst Number
202401336
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202401336 <br />this paragraph are hereinafter collectively referred to as the "Property." <br />1. Secured Obligations. This Deed of Trust is given to secure the prompt payment <br />and performance when due (whether at stated maturity, by acceleration or otherwise) of the <br />following (collectively, the "Obligations"): <br />(a) all indebtedness, obligations and liabilities of Trustor under that certain <br />Promissory Note dated as of the date of this Deed of Trust, by Trustor in favor of <br />Beneficiary with a current principal amount of $750,000.00 (the "Note"), and any other <br />note given in substitution therefor or in modification, renewal, or extension thereof, in <br />whole or in part; <br />(b) all indebtedness, liabilities, and obligations of Trustor now or hereafter <br />incurred or arising pursuant to the provisions of this Deed of Trust or under any other <br />agreement, assignment or instrument now or hereafter evidencing, securing and/or <br />guarantying the obligations of the Trustor under the Loan Agreement dated as of the date <br />of this Deed of Trust by and between Trustor and Beneficiary (the "Loan Agreement"), <br />the Note or any part thereof, (the Loan Agreement, the Note, this Deed of Trust and such <br />other instruments and agreements, as the same may be amended, restated or otherwise <br />modified from time to time, are hereinafter collectively referred to as the "Loan <br />Documents"). <br />2. Definitions. For purposes of this Agreement: (a) "Affordability Period" means <br />the 10 -year affordability period that begins from the date of occupancy of last tenant upon rental <br />unit completion related to the Project; (b) "Contract" means that certain Award Agreement <br />Contract No. 23-TFRH-34007 effective as of February 28, 2024, by and between the Department <br />and the Lender; (c) "Department" means the State of Nebraska Department of Economic <br />Development; (d) "Project" means 15 fifteen units of units of 3 bedroom rental housing in Grand <br />Island, Nebraska constructed on the Land for the purpose of housing tenant income eligible <br />households (120% median area income and less) in no less than eight of such units; and (e) all <br />other capitalized terms not defined in this Deed of Trust shall have the meaning ascribed to such <br />terms in the Loan Agreement. <br />3. Compliance with Contract. Trustor covenants and agrees that it shall be <br />responsible for ensuring that tenants at the Project will be qualified tenants (eight of the fifteen <br />units shall have tenant income eligibility for households at or below 120% of the Area Median <br />Income of Hall County) as described in the Contract throughout the Affordability Period <br />("Affordability Restrictions"). Trustor (a) shall take all actions necessary to insure that Lender is <br />able to comply with all of the terms of the Contract, including but not limited to, providing the <br />Lender with all information, data and materials necessary for the Lender to perform the Lender's <br />obligations under the Contract, (b) shall comply, and shall cause all of Borrower's applicable <br />affiliates to comply, with all of the terms and conditions of the Contract as if Borrower and its <br />affiliates were the "Recipient" under the Contract, and (c) agrees that Borrower and its affiliates <br />shall complete the construction of the Project within the timelines provided in the Contract and <br />shall use the Matching Contribution and the NAHTF funds (other than the administrative <br />funding and housing management fees) solely to construct the Project. <br />
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