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99106858
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3/13/2012 6:26:52 PM
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10/20/2005 11:57:33 PM
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DEEDS
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99106858
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99 10685� <br /> provision of this Regulatory Agreement, no person, other than the parties hereto and the intended <br /> beneficiaries identified above, shall have any rights of enforcement of this Regulatory Agreement. <br /> Section 15. Uniformity; Common Plan. The covenants,reservations and restrictions <br /> hereof shall apply uniformly to the entire Project in order to establish and carry out a common plan <br /> for the use, development and improvement of the Project Site. <br /> Section 16. Default; Enforcement. If the Borrower defaults in the performance or <br /> observance of any covenant, agreement or obligation of the Borrower set forth in this Regulatory <br /> Agreement, and if such default remains uncured for a period of 30 days after notice thereof shall <br /> have been given by the Issuer or the Trustee to the Borrower,then the Issuer, or the Trustee,acting <br /> on behalf of the Issuer, shall declare an "Event of Default" to have occurred hereunder; provided, <br /> however,that if the default stated in the notice is of such a nature that it cannot be corrected within <br /> 30 days,such default shall not constitute an Event of Default hereunder so long as(a)the Borrower <br /> institutes corrective action within said 30 days and diligently pursues such action until the default <br /> is corrected and (b) in the opinion of Bond Counsel,the failure to cure said default within 30 days <br /> will not adversely affect the Ta�c-exempt status of interest on the Bonds. The Trustee hereby <br /> consents to any correction of the default by the Issuer on behalf of the Borrower. Notwithstanding <br /> the foregoing, if such default relates to provisions herein with respect to restrictions imposed by <br /> Section 42 of the Code or any other restrictions imposed by the Issuer hereunder related to <br /> low-income housing tax credits,and such default remains uncured for 30 days after notice,the Issuer <br /> will file with the IRS a copy of IRS Form 8823, explaining the nature of the noncompliance and <br /> whether or not such noncompliance has been corrected and any one or more of the following may <br /> institute and prosecute any proceeding at law or in equity to abate, prevent or enjoin any such <br /> violation or attempted violation, or to recover monetary damages caused by such violation or <br /> attempted violation: the Issuer or any governmental entity succeeding to the Issuer's functions or <br /> any individual who meets the income limitation applicable under Section 42 of the Code(whether <br /> prospective,present or former occupant). Noncompliance includes,but is not limited to: (i)failure <br /> to receive(or not being allowed to inspect)tenant rent records,Income Certifications and supporting <br /> documentation, (ii) upon inspection, noncompliance with provisions of Section 42 and (iii) any <br /> change in the applicable fraction or eligible basis that would result in a decrease in the qualified basis <br /> (as defined in Section 42 of the Code). The Issuer is authorized and entitled to do all acts necessary <br /> to comply with the monitoring and notification responsibilities set forth in Section 42(m)(i)(B)(iii) <br /> of the Code and any Regulations or other interpretations thereof by the IRS or the courts. Pursuant <br /> to Section 42(m)(2)(D) of the Internal Revenue Code, as amended, the Issuer has determined and <br /> hereby certifies that the housing credit dollar amount allocated to this Project does not exceed the <br /> amount determined by the Issuer to be necessary for the financial feasibility of the Project and its <br /> viability as a qualified low-income housing project throughout the credit period. In arriving at this <br /> conclusion, the Issuer has taken into consideration the factors set forth in Section 42(m)(2)(B)(i) <br /> through(iv), as required by the Code. <br /> Following the declaration of an Event of Default hereunder,the Trustee or the Issuer <br /> may, at its option and subject to the provisions of the Indenture, take any one or more of the <br /> following steps: <br /> 27 <br />
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