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99 � 06858 � � � �: � � F� ^ <br /> �, ._ <br /> by deed in lieu of foreclosure shall constitute a voluntary sale, transfer or other disposition of the <br /> Project, it being understood and agreed that this Section 11 shall not be applicable to any transfer <br /> of the Project or any membership interest in the Borrower to or by the Issuer or any successor in <br /> interest to the Issuer,as applicable following foreclosure or deed in lieu of foreclosure,provided the <br /> conditions of Section 12(b) and (d)hereof are satisfied. <br /> Nothing contained in this Section 11 shall affect any provision of any other document <br /> or instrument between the Borrower or any other party which requires the Borrower to obtain the <br /> consent of such other party or pay any transfer fee as a precondition to sale, transfer or other <br /> disposition of the Project. Upon any sale or other transfer which complies with this Regulatory <br /> Agreement and the Mortgage,and upon indemnification of each Indemnified Party by the Borrower <br /> for acts or omissions occurring during such period as the Borrower owned the Project,the Borrower <br /> shall be fully released from its obligations hereunder, to the extent such obligations have been <br /> assumed by the transferee of the Project, without the necessity of further documentation. <br /> Section 12. Term. <br /> (a) This Regulatory Agreement and all and each of the provisions hereof shall <br /> become effective upon its execution and delivery, and shall remain in full force and effect <br /> for the periods provided herein and, except as otherwise provided in this Section 12, shall <br /> terminate in its entirety at the end of the Qualified Project Period (Bonds) or the Qualified <br /> Proj ect Period(LIHTC),whichever is later,it being expressly agreed and understood that the <br /> provisions hereof which are required to remain in effect for the Qualified Project Period <br /> (Bonds)shall terminate at the end of the Qualified Proj ect Period(Bonds)and the provisions <br /> hereof which are required to remain in effect for the Qualified Project Period(LIHTC)shall <br /> terminate at the end of the Qualified Proj ect Period(LIHTC);provided,further,that,except <br /> as otherwise provided in this Section 12, the provisions hereof aze intended to survive the <br /> retirement of the Bonds, discharge of the Mortgage Loan and termination of the Indenture <br /> and the Financing Agreement. <br /> (b) Specifically with respect to the 15-year extended use period of the Qualified <br /> Project Period (LIHTC), <br /> (i) notwithstanding subsection(a)above,the Borrower shall comply with <br /> the requirements of Section 42(h)relating to a 15-year extended use period(30 years <br /> total);provided,however,that,with respect to any building that is part of the Proj ect, <br /> this Regulatory Agreement shall terminate: <br /> (A) on the date such building is acquired by foreclosure or <br /> instrument in lieu of foreclosure (including a deed of trust); or <br /> (B) if the Borrower has properly requested in accordance with <br /> Code Section 42(h)(6)within the period specified in Section 42(h)(6)(I)that <br /> the Issuer assist in procuring a"qualified contract," as defined in Section 42 <br /> of the Code, for the acquisition of the low-income portion of such building <br /> 24 <br />