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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 �os85 �: <br /> "Completion Date"means the date of the completion of the construction,improving <br /> and equipping of the Project, as that date shall be certified as provided in Section 2(g) hereof. <br /> "Conversion Date" shall have the meaning assigned to such term in the Bond <br /> Indenture. <br /> "Costs of Issuance" means costs of issuing the Bonds as defined in the Indenture. <br /> "Counry" means Hall County,Nebraska. <br /> "Determination of Taxabiliry"means either(a)refusal by the Borrower to consent to <br /> any amendment or supplement hereto or to the Financing Agreement which,in the opinion of Bonc� <br /> Counsel, is necessary or reasonably advisable to maintain the exclusion of interest on the Bonds <br /> from gross income for federal income t� purposes or (b) any of(i) the enactment of applicable <br /> legislation, (ii) a final judgment or order of a court of original or appellate jurisdiction, (iii) a final <br /> ruling or decision of the Internal Revenue Service or(iv)the filing with the Trustee of an opinion <br /> of Bond Counsel,in each case to the effect that the interest on the Bonds(other than interest on any <br /> Bond for any period during which such Bond is held by a"substantial user"of any facility financed <br /> with the proceeds of the Bonds or a"related person,"as such terms are used in Section 147(a)of the <br /> Code) is includable in the gross incomes of all recipients thereof for federal income tax purposes. <br /> "Dwelling Units" means the units of multifamily residential rental housing <br /> comprising the Project (other than any units held for occupancy by a resident manager). <br /> "FinancingAgreement"means the Loan Agreement,dated as of June 1, 1999,by and <br /> among the Issuer,the Borrower and the Trustee, as amended,modified or supplemented from time <br /> to time. <br /> "Functionally Related and Subordinate" means and includes facilities for use by <br /> tenants, for example, laundry facilities, parking areas and recreational facilities, provided that the <br /> same are of a chazacter and size commensurate with the character and size of the Project as described <br /> in Section 1.103.8(3) of the Regulations. <br /> "Housing Act" means the United States Housing Act of 1937, as amended, or its <br /> successor. <br /> "Income Certification" means the Income Computation and Certification attached <br /> hereto as Exhibit B or in such other form as may from time to time be provided by the Issuer to the <br /> Borrower. <br /> "Indenture" means the Trust Indenture dated as of June 1, 1999, between the Issuer <br /> and the Trustee,relating to the issuance of the Bonds,the proceeds of which are applied to finance <br /> the Project, and any indentures supplemental thereto. <br /> "Inducement Date" means May 29, 1998.. <br /> "LIHTC" means Low Income Housing Tax Credit. <br /> 4 <br />
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