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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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9 � �Q �' � r�`� <br /> taken under the terms of this Regulatory Agreement shall not constitute an Adverse Action <br /> or Omission. <br /> (b) The Borrower wi11 take such action or actions as may be necessary, in the <br /> written opinion of Bond Counsel filed with the Issuer and the Trustee, with a copy to the <br /> Borrower,to comply fully with all applicable rules,rulings,policies,procedures,Regulations <br /> or other official statements promulgated, proposed or made by the Department of the <br /> Treasury or the Internal Revenue Service pertaining to obligations the interest on which is <br /> Tax-exempt under Section 142(d) of the Code. <br /> (c) The Borrower will file or record such documents and take such other steps <br /> as are necessary, in the written opinion of Bond Counsel filed with the Issuer and the <br /> Trustee,with a copy to the Borrower,in order to insure that the requirements and restrictions <br /> of this Regulatory Agreement will be binding upon all owners of the Proj ect,including,but <br /> not limited to, the execution and recordation of this Regulatory Agreement in the real <br /> property records of the County. <br /> (d) The Borrower will not enter into any agreements which would result in the <br /> payment of principal or interest on the Bonds being "federally guaranteed" within the <br /> meaning of Section 149(b) of the Code. <br /> (e) Subject to Section 12 hereof,the Borrower will include the requirements and <br /> restrictions contained in this Regulatory Agreement in any documents transferring any <br /> interest in the Project prior to the expiration of the Qualified Project Period(Bonds)and the <br /> Qualified Proj ect Period(LIHTC)to another person to the end that such transferee has notice <br /> of, and is bound by, such restrictions, and to obtain the agreement from any transferee to <br /> abide by all requirements and restrictions of this Regulatory Agreement. <br /> The Borrower agrees and acknowledges that it will not purchase Bonds in amounts <br /> related to the principal amount of the Mortgage Loan or otherwise have an ownership or security <br /> interest in the Bonds. <br /> Section 6. Modification of Tax Covenants. The Borrower,the Trustee and the Issuer <br /> hereby agree as follows: <br /> (a) To the extent any amendments to the Act,the Regulations or the Code shall, <br /> in the written opinion of Bond Counsel filed with the Issuer and with the Trustee, with a <br /> copy to the Borrower, impose requirements upon the ownership or operation of the Project <br /> more restrictive than those imposed by this Regulatory Agreement in order to maintain the <br /> tax-exempt status of interest on the Bonds, this Regulatory Agreement shall be deemed to <br /> be automatically amended, without the consent or approval of any other person,to impose <br /> such additional or more restrictive requirements. The parties hereto hereby agree to execute <br /> such amendment hereto as shall be necessary to document such automatic amendment <br /> hereof. <br /> 19 <br />
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