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99106858
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3/13/2012 6:26:52 PM
Creation date
10/20/2005 11:57:33 PM
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DEEDS
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99106858
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99 �06�5 � <br /> and the Issuer is unable to present a qualified contract,one year after the date <br /> the written request was submitted to the Issuer. <br /> (ii) Notwithstanding subsection (b)(i) above, the Section 42 rent <br /> requirements shall continue for a period of three years following the termination of <br /> this Regulatory Agreement. During such three-year period,the Borrower shall not <br /> evict or terminate the tenancy of an existing tenant of any low-income Dwelling Unit <br /> other than for material violation of a customary lease provision or for other good <br /> cause and shall not increase the gross rent above the maximum allowed under the <br /> Code with respect to such low-income Dwelling Unit. <br /> (c) Notwithstanding the foregoing,the provisions of Section 7 hereof shall,in the <br /> case of the Trustee,survive the term of this Regulatory Agreement or the replacement of the <br /> Trustee, but only as to claims arising from events occurring during the term of this <br /> Regulatory Agreement or the Trustee's tenure as Trustee under the Indenture, and shall, in <br /> the case of the Issuer, survive the term of this Regulatory Agreement,but only as to claims <br /> arising from events occurring during the term of this Regulatory Agreement. <br /> (d) The terms of this Regulatory Agreement to the contrary notwithstanding,the <br /> requirements set forth herein shall terminate and be of no further force and effect in the event <br /> of involuntarily noncompliance with the provisions of this Regulatory Agreement caused by <br /> fire,seizure,requisition,foreclosure or transfer of title by deed in lieu of foreclosure,change <br /> in a federal law or an action of a federal agency which prevents the Issuer or the Trustee from <br /> enforcing the provisions hereof, or condemnation or a similar event, but only if, within a <br /> reasonable period thereafter, either the portion of the Bonds attributable to the Project is <br /> retired or amounts received as a consequence of such event are used to provide a project <br /> which meets the requirements of the Code set forth in Sections 2 through 5 of this <br /> Regulatory Agreement and, in each such case of involuntary compliance, an approving <br /> opinion of Bond Counsel is delivered. The provisions of the preceding sentence shall cease <br /> to apply and the requirements referred to therein shall be reinstated if,at any time during the <br /> Qualified Project Period(Bonds) or Qualified Project Period (LIHTC), as applicable, after <br /> the termination of such requirements as a result of involuntary noncompliance due to <br /> foreclosure,transfer of title by deed in lieu of foreclosure or similar event,the Borrower or <br /> any related person (within the meaning of Section 147(a)(2) of the Code) obtains an <br /> ownership interest in the Project for tax purposes. The Borrower hereby agrees that, <br /> following any foreclosure, transfer of title by deed in lieu of foreclosure or similar event, <br /> neither the Borrower nor any related person as described above will obtain an ownership <br /> interest in the Project for tax purposes. <br /> (e) Upon the termination of the terms of this Regulatory Agreement,the parties <br /> hereto agree to execute,deliver and record appropriate instruments of release and discharge <br /> of the terms hereof(which shall be prepared,completed and recorded at the expense of the <br /> Borrower);provided,however,that the execution and delivery of such instruments shall not <br /> be necessary or a prerequisite to the termination of this Regulatory Agreement in accordance <br /> with its terms. <br /> 25 <br />
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