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202403937 <br />NEBRASKA INVESTMENT FINANCE AUTHORITY <br />GAP FINANCING AGREEMENT <br />THIS GAP FINANCING AGREEMENT (this "Agreement") is made and entered into as <br />of August 7 , 2024, between STATE STREET VILLAS, LLC a Nebraska limited liability <br />company, whose address is 1415 16th Street, P.O. Box 335, Central City, Nebraska 68826, <br />("Owner") and the NEBRASKA INVESTMENT FINANCE 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, its successors and assigns, <br />whose address is 1230 0 Street, Suite 200, Lincoln, Nebraska 68508 (the "Authority"). <br />RECITALS: <br />WHEREAS, Owner is the owner of a twenty (20) -unit low-income rental housing <br />development, of which seventeen (17) units are to be rented to seniors of low-income, known as <br />State Street Villas Apartments and located in Grand Island, Hall County, Nebraska, as more <br />particularly described in Exhibit A attached hereto (the "Project"); <br />WHEREAS, the Owner has received from the Authority awards of (i) 2022 federal low <br />income housing tax credits (the "Federal Tax Credits") pursuant to Section 42(h) of the Internal <br />Revenue Code of 1986, as amended (the "Code") in the amount of $275,500 (the "Federal Tax <br />Credit Allocation") and (ii) 2022 Nebraska affordable housing tax credits pursuant to the NIFA <br />Affordable Housing Tax Credit Act (the "State Tax Credits" and, together with the Federal Tax <br />Credits, the "Tax Credits"), in the amount of $275,500 (the "State Tax Credit Allocation" and, <br />together with the Federal Tax Credit Allocation, the "Tax Credit Allocation"), in each case for the <br />Project described in Exhibit A (the "Project"); and <br />WHEREAS, the Authority is the grantee of funds provided by the State of Nebraska <br />through the Nebraska Department of Economic Development pursuant to the ARPA Program (the <br />"ARPA Program") created pursuant to the American Rescue Plan Act and the implementing <br />regulations therefor (such funds being "ARPA Funds") for the assistance of certain projects <br />receiving an award of low income housing tax credits under Code Section 42; and <br />WHEREAS, Owner has requested that the Authority make a subordinate loan to Owner in <br />the principal amount of $587,370 (the "Loan"), to address the financing gap for the Project due to <br />increased construction costs, as well as supply and labor shortages related to the COVID-19 <br />pandemic, and Owner has agreed to accept the Loan subject to, among other things, the <br />requirements set forth in the Loan Agreement to be entered into between the Owner and the <br />Authority (the "Loan Agreement"), and the terms and conditions of this Agreement. Any capitalized <br />terms used and not specifically defined in this Agreement shall have the meanings set forth in the Loan <br />Agreement or meanings ascribed to them in or for purposes of Section 42 of the Code; <br />WHEREAS, the parties have agreed that this Agreement is to be recorded in the office of <br />the deed of registry for the county where the Project is located and is to run with the land; and <br />4880-0752-8835.3 <br />