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202406660 (a) "Advance" means each advance of funds by the Lender to the Borrower in accordance with this Agreement as part of the Loan. (b) "Affordability Period" means the 10-year affordability period that begins from the date of occupancy of the last tenant upon rental unit completion related to the Project. (c) "Contract" means that certain Award Agreement Contract No. 24-TFRH- 34021 effective as of December 13, 2024, by and between the Department and the Lender. (d) "Department" means the State of Nebraska Department of Economic Development. (e) "Developer Agreement" means the Agreement between Lender and Full Circle Services, Inc. dba Innate Concepts dated as of the date of this Agreement. (f) "Eligible Expenses" means expenses that are eligible for reimbursement from the Department under the Program and the Contract. (g) "Force Majeure Events": means those events that are beyond the control of Borrower, including, without limitation, events of war, floods, earthquakes, epidemics, pandemics, adverse weather conditions not reasonably anticipated, and other acts of God. (h) "Guaranty" means the Guaranty given by the Guarantor to the Lender pertaining to the Property and the obligations of Borrower under this Agreement, of even date herewith. (i) "Loan" means the loan made by the Lender to the Borrower and the commitment by the Lender to make Advances to the Borrower hereof and the making of such Advances on the terms and conditions contained in this Agreement as evidenced by the Loan Documents, as more particularly described in Section 1.03. (j) "Mortgage Agreement" means the Deed of Trust given by the Borrower to the Lender pertaining to the Property, of even date herewith. (k) "Note" means the promissory note of the Borrower payable to the order of the Lender, of even date herewith. (1) "Person" means any individual, corporation, limited liability company, partnership, joint venture, trust, or other entity, or a government or any agency or political subdivision thereof. (m) "Program" means the Nebraska Affordable Housing Trust Fund (NAHTF) administered by the Department as expressed in the Contract. (n) "Project" means 44 forty-four units of rental housing in Grand Island, Nebraska on the real estate described in exhibit A for the purpose of housing tenant income