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99 106855 <br /> authority has provided a statement to the Borrower declaring the tenant's income <br /> does not exceed the applicable income limits under Section 42 of the Code. <br /> 5. Each Qualified LIHTC Unit in the Project was a Rent Restricted Unit as required by <br /> Section 42(g)(2) of the Code. <br /> 6. All Dwelling Units in the Project were for use by the general public and used on a <br /> non-transient basis. <br /> 7. Each building in the Project was suitable for occupancy, taking into account local <br /> health, safety and building codes. <br /> 8. There has been no change in the eligible basis or the applicable fraction, as per <br /> Section 42(c)(1)(B) of any building in the Project(or, if there has been any change, <br /> the nature of the change is described in an attachment hereto). <br /> 9. Reasonable attempts were or are being made to rent any available Qualified LIHTC <br /> Unit to Qualifying Tenants and while a Qualified LIHTC Unit was vacant, no <br /> Dwelling Units of comparable or smaller size were rented to non-Qualified LIHTC <br /> Tenants. <br /> 10. If the income of a Qualified LIHTC Tenant increased above the Applicable Income <br /> Percentage of area median gross income, the next available Dwelling Unit of <br /> comparable or smaller size in the Project was or will be rented to tenants having a <br /> Qualifying Income. <br /> 11. All tenant facilities included in the eligible basis of any building in the Project(i.e. <br /> swimming pools,parking areas, etc.)were provided on a comparable basis without <br /> charge to all tenants in the building. <br /> 12. The Borrower is not in default under the terms of the Agreement. <br /> 13. An extended low-income housing commitment as described in Section 42(h)(6)and <br /> the Agreement was in effect. <br /> D-1-2 <br />