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202403937 WHEREAS, as a condition precedent to the making of the Loan, the Authority requires that Owner enter into this Agreement. NOW THEREFORE, in consideration of the partial financing by the Authority of the Project with ARPA Funds and other good and valuable consideration, the parties do hereby agree as follows: ARTICLE 1 REPRESENTATIONS, WARRANTIES, AND COVENANTS OF OWNER Owner represents, warrants, covenants, and agrees as follows: 1.1 Incorporation. The foregoing recitals are made a part of this Agreement. 1.2 Authority. Owner has the full legal right, power, and authority to execute and deliver this Agreement and to perform all the undertakings of Owner hereunder. 1.3 Title to Project. Owner has good and marketable title to the Project. 1.4 Application. Owner warrants that all information heretofore supplied by Owner to the Authority in connection with Owner's application to the Authority for the Loan (collectively, with all attachments thereto, the "Application") is true and correct in all respects as of the date of the Application and as of the date hereof Any and all of Owner's representations, warranties, and/or covenants contained in the Application are hereby incorporated by reference and made a part hereof 1.5 Conflicting Agreements. Owner has not and shall not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof In any event, Owner represents, warrants, covenants, agrees, and acknowledges that the requirements of this Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. 1.6 Use of the Project. The Project, or portions thereof, shall at all times be used as a rent -restricted multifamily housing project. 1.7 Non -Discrimination. Owner shall comply with all federal, state, and local fair housing laws, rules, and regulations as now or hereafter in effect and shall not discriminate upon any basis prohibited by law in the lease, use, or occupancy of the Project or in connection with the employment or application for employment of persons for the operation and management of the Project or refuse to lease a unit to a holder of a voucher or certificate of eligibility under Section 8 of the United States Housing Act of 1937 ("Section 8") because of the status of the prospective tenant as such a holder. Owner agrees to administer the Project to affirmatively further fair housing. 1.8 Occupancy Restrictions. The Project shall at all times contain units set aside for occupancy by Qualifying Tenants (such units are hereinafter referred to as "Affordable Units") as set forth in this Section 1.8. If any Affordable Unit is occupied by a Qualifying Tenant at the time 4880-0752-8835.3