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99106858
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Last modified
3/13/2012 6:26:52 PM
Creation date
10/20/2005 11:57:33 PM
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DEEDS
Inst Number
99106858
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99 106858 <br /> Date,incur Qualified Rehabilitation Expenditures(whether paid from the Mortgage Loan or <br /> other sources)with respect to any building(and the equipment therefor)in an amount equal <br /> to or greater than 15%of the portion of the cost of acquiring such building(and equipment) <br /> financed with the Net Proceeds of the Bond. Qualified Rehabilitation Expenditures incurred <br /> by the seller of the Proj ect to the Bonower under a sales contract between the Borrower and <br /> such seller shall qualify as Qualified Rehabilitation Expenditures of the Borrower for this <br /> purpose. If the Project consists of two or more buildings, this provision shall apply on a <br /> Project basis. <br /> (c) The Borrower reasonably expects to complete the acquisition,construction, <br /> equipping and completion of the Project and to expend the full amount of the proceeds of the <br /> Mortgage Loan for Qualified Project Costs prior to the date which is 36 months from the <br /> Closing Date. <br /> (d) The Borrower will submit, or cause to be submitted, to the Trustee, on or <br /> before the Disbursement Date,a certificate stating that the full amount of each disbursement <br /> will be applied to pay or to reimburse the Borrower for the payment of Qualified Project <br /> Costs and that, after taking into account the proposed disbursement, (i) the aggregate <br /> disbursements of Mortgage Loan proceeds will have been applied to pay or to reimburse the <br /> Borrower for the payment of Qualified Project Costs in an amount equal to 97%or more of <br /> the aggregate disbursements of the Mortgage Loan(provided,however,that if the Borrower <br /> provides the Trustee with an opinion of Bond Counsel to the effect that the Tax-exempt <br /> status of the Bonds will not be adversely affected if less than the aforesaid percentage, but <br /> not less than 95%,is disbursed for such purpose,then the certificate may refer to such lesser <br /> percentage as may be specified by Bond Counsel); (ii)less than 25%of the proceeds of the <br /> Mortgage Loan will have been disbursed to pay or to reimburse the Borrower for the cost of <br /> acquiring land; and(iii) less than 2%of the proceeds of the Mortgage Loan will have been <br /> disbursed to pay or reimburse the Borrower for Costs of Issuance. Pursuant to <br /> Section 42(m)(2)(D) of the Internal Revenue Code,as amended, and based on estimates of <br /> costs on the date the Bonds are issued, and taking into consideration the factors set forth in <br /> Section 42(m)(2)(B)(i)through(iv),as required by the Code,the Issuer has determined and <br /> hereby certifies that the housing credit dollar amount expected to be allocated to this Project <br /> does not exceed the amount determined by the Issuer to be necessary for the financial <br /> feasibility of the project and its viability as a qualified low-income housing project <br /> throughout the Qualified Project Period(LIHTC). <br /> (e) On the Completion Date ofthe Project,the Borrower will submit to the Issuer <br /> and the Trustee a duly executed and completed Completion Certificate as provided in <br /> Section 2(g) hereof. At the same time, the Borrower will provide to the Issuer a cost <br /> certification in the Independent Auditor's Report(or equivalent letter if submitted by counsel <br /> to the Borrower (each by an independent qualified professional)) upon completion of the <br /> Project by December 1 of the year in which the Project is placed in service,to the effect that <br /> such accountant or counsel,as the case may be,has inspected the application of the Project's <br /> sources of funds and has determined, based upon the aggregate basis in land and building <br /> determined by the Borrower's accountant, that 50% or more of the aggregate basis in the <br /> 10 <br />
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