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EXHIBIT D 9 9 �� 6 8 5 � <br /> CERTIFICATE OF CONTINUING <br /> PROGRAM COMPLIANCE (LIHTC) <br /> FILED JANUARY 15 IN EACH YEAR COMMENCING JANUARY 15, <br /> FOR THE YEAR ENDING THE PRECEDING DECEMBER 31 <br /> $507,004 <br /> NEBRASKA INVESTMENT FINANCE AUTHORITY <br /> MULTIFAMILY HOUSING REVENUE BONDS <br /> (SOUTHLAWN APARTMENTS PROJECT) <br /> SERIES 1999 <br /> TO: Nebraska Investment Finance Authority <br /> Attention: Executive Director <br /> The undersigned, , the Authorized Borrower Representative, on behalf of <br /> SOUTHLAWN APARTMENTS,L.L.C.(the"Borrower"),hereby represents,warrants and certifies <br /> for the 12-month period preceding the date hereof that: <br /> 1. The Borrower has read and is thoroughly familiar with the provisions of the <br /> Regulatory Agreement and Declaration of Restrictive Covenants dated as of June 1, <br /> 1999 (the "Agreement") among the Borrower, the Nebraska Investment Finance <br /> Authority (the "Authority") and Five Points Bank, as Trustee, covering the Project <br /> referred to therein(the "Project"). <br /> 2. As of the date of this Certificate,the following percentages of complete residential <br /> rental Dwelling Units in the Proj ect(i)are occupied by Qualified LIHTC Tenants(as <br /> such term is defined in the Agreement) or (ii) are currently vacant and being held <br /> available for such occupancy and have been so held continuously since the date a <br /> Qualified LIHTC Tenant vacated such Dwelling Unit, as indicated: <br /> Occupied by Qualified LIHTC Tenants: %Unit Nos.: <br /> Held vacant for occupancy <br /> continuously since last <br /> occupied by Qualified <br /> Tenants: %Unit Nos.: <br /> 3. At no time since the date of filing of the last Certification of Continuing Program <br /> Compliance has less than the Applicable Set-Aside Percentage(LIHTC)(as defined <br /> in the Agreement)of the completed Dwelling Units in the Project been occupied by <br /> or been last occupied by Qualified LIHTC Tenants. <br /> 4. The Borrower has received an annual Income Certification from each Qualified <br /> LIHTC Tenant as well as supporting documentation, except in the case of a tenant <br /> receiving housing assistance payments under Section 8, where the local housing <br /> D-1-1 <br />