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202504772
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Last modified
8/26/2025 4:14:45 PM
Creation date
8/26/2025 4:14:42 PM
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DEEDS
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202504772
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202504772 <br />transfer or disposition shall be provided by the Owner to the Authority at least 60 <br />days prior to the date of the proposed sale, transfer or disposition of the Project. <br />(b) Upon any such transfer, sale or other disposal of the development, any existing <br />right of the Owner to request, in accordance with Section 42(h)(6) of the Code, that <br />the Authority assist in procuring a qualified contract for the acquisition of the <br />Project, shall terminate with respect to the Project as of the date of such transfer, <br />sale or disposition of the Project. Such termination of the right to proceed through <br />the qualified contract process shall be binding on all subsequent owners of the <br />Project. No transferee/subsequent owner of the Project shall have any right to <br />request a qualified contract pursuant to Section 42(h)(6) of the Code. <br />Section 15. Severability. The invalidity of any clause, part or provision of this <br />Agreement shall not affect the validity of the remaining portions thereof. <br />Section 16. Notices. All notices to be given pursuant to this Agreement shall be <br />in writing and shall be deemed given when mailed by certified or registered mail, return <br />receipt requested, to the parties hereto at the addresses set forth below or to such other <br />place, or in such other manner, as a party may from time to time designate in writing: <br />Owner: To the name and address set forth on the Summary Page hereof. <br />Authority: Nebraska Investment Finance Authority <br />Suite 601 <br />1248 0 Street <br />Lincoln, NE 68508 <br />Attention: Executive Director <br />Section 17. Governing Law. This Agreement shall be governed by the laws of <br />the State of Nebraska. <br />Section 18. Recording and Filing. Upon execution and delivery by the parties <br />hereto, the Owner shall cause this Agreement and all amendments and supplements <br />hereto to be duly recorded in the office of public records in the County where the Project <br />is located as an encumbrance upon the Project Site and provide a copy to the Authority. <br />Section 19. Termination. Notwithstanding any other provisions hereof, this <br />Agreement and the restrictions and other provisions hereunder shall terminate on the <br />termination of the Affordability Period without any further action being taken by any party <br />hereto. <br />Section 20. Counterparts. This Agreement may be signed in any number of <br />counterparts with the same effect as if the signatures thereto and hereto were upon the <br />same instrument. <br />Section 21. Subordination. The Owner has borrowed funds from Lender, and <br />such amounts are secured by the Project. In order to ensure the viability of the Project's <br />federal low income housing tax credits pursuant to Section 42 of the Code, Lender hereby <br />17 <br />4/2023 <br />
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