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200410895 determined by the Issuer to be necessary for the financial feasibility of the project and is viability as a qualified low- income housing project throughout the Qualified Project Period (LIHTC). In arriving at this conclusion, the Issuer has taken into consideration the factors set forth in Section 42(m)(2)(B)(i) through (iv), as required by the Code. In the event of a violation or attempted violation of any of the provisions of the Agreement, any one or more of the following may institute and prosecute any proceeding at law or in equity to abate, prevent or enjoin any such violation or attempted violation, or to recover monetary damages caused by such violation or attempted violation, the Issuer or any governmental entity succeeding to the Issuer's functions or any individual who meets the income limitation applicable under Section 42 of the Code (whether prospective, present or former occupant). The provisions hereof are imposed upon and made applicable to the Project and shall run with the land and shall be enforceable against the Borrower and each purchaser, grantee, owner or lessee of the Project or any portion thereof or interest therein, at any time and from time to time, and the respective heirs, legal representatives, successors and assigns of the Borrower and each such purchaser, grantee, owner or lessee. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of any party entitled to enforce the same or obtain relief against or recover for the continuation or repetition of such breach or violation of any similar breach or violation thereof at any later time or times. In addition, if any violation of this Agreement has not been corrected on a timely basis, the Issuer may impose quarterly reporting responsibilities pertaining to such matters as the Issuer deems reasonable upon the Borrower. Failure by an Borrower to comply with any such reporting responsibilities shall constitute a violation of this Agreement. 2. Subsections 12(b)(i) and (ii) of the Agreement are hereby deleted in their entirety and the following two paragraphs are substituted therefore: 01- 637879.1 i. During the 15 -year extended use period (30 years total), the Borrower shall not evict or terminate the tenancy of an existing tenant of any low- income Dwelling Unit other than for good cause and shall not increase the gross rent above the maximum allowed under Section 42 of the Code with respect to such low- income Dwelling Unit. ii. Notwithstanding subsection (i) above, the Borrower shall comply with the requirements of Section 42(h) of the Code relating to a 15 -year extended use period (30 years total); provided, however, that, with respect to any building that is part of the Project, this Agreement shall terminate: 1. on the date such building is acquired by foreclosure or instrument in lieu of foreclosure (including a deed of trust); or 2. if the Borrower has properly requested in accordance with Code Section 42(h)(6) that the Issuer assist in procuring a qualified contract for the acquisition of the low- income portion of such building and the N I