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202500461
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Last modified
1/28/2025 11:58:34 AM
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1/28/2025 11:57:41 AM
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DEEDS
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202500461
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CASH <br />CHECK <br />Recording Requested By and <br />When Recorded Return To: <br />Kelly Schultze <br />lebraska Investment Finance Authority <br />iuite 200 <br />1230 0 Street <br />p/Cincoln, NE 68508 <br />INST <br />795 00llb <br />REFUNDS: <br />CASH <br />CHECK <br />RECORDED <br />HALL CC NTY NE <br />1015JA 8 A11:II <br />'.TOLD <br />REGISTER OF DEEDS <br />ASSIGNMENT AND ASSUMPTION OF REGULATORY AGREEMENT <br />AND DECLARATION OF RESTRICTIVE COVENANTS <br />SOUTHLAWN APARTMENTS PROJECT <br />(Dated as of January 16, 2025) <br />This Assignment and Assumption of Regulatory Agreement and Declaration of Restrictive <br />Covenants (this "Assignment and Assumption") is made and entered into as of June 15, 2024, by <br />SOUTHLAWN APARTMENTS, L.L.C., a Nebraska limited liability company (the "Prior Owner"), <br />SOUTHLAWN V, LLC, a Nebraska limited liability company (the "Current Owner") and 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 functions under <br />the constitution and laws of the State of Nebraska, with respect to that certain Regulatory Agreement and <br />Declaration of Restrictive Covenants dated as of June 1, 1999 (the "Agreement") by and between the <br />Authority, the Prior Owner and FIVE POINTS BANK (the "Bond Trustee"), recorded on July 7, 1999 <br />(as Instrument No. 99-106858 in office of the Register of Deeds of Hall County, Nebraska), with respect to <br />the property described in Exhibit A hereto. <br />WITNESSETH: <br />WHEREAS, the Agreement relates to the rental housing development located as described on the <br />attached Exhibit A (the "Project"), which Project was financed by the Authority's Multifamily Housing <br />Revenue Bonds (Southlawn Apartments Project) Series 1999 (the "Bonds"); and <br />WHEREAS, the Prior Owner entered into the Agreement with the Authority for the purpose of, <br />and as a requirement for, the receipt of the benefits of the Bonds and the low income housing tax credits <br />("LIHTCs") associated with the Project; and <br />WHEREAS, the Current Owner purchased the Project from the Prior Owner and is willing to <br />assume the duties and obligations of the Prior Owner under the Agreement; and <br />WHEREAS, the Current 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 Regulations <br />promulgated thereunder; and <br />NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, <br />and of other valuable consideration, the Prior Owner, the Current Owner and the Authority agree as follows: <br />4877-1307-8727.1 <br />
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