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200702327 2 dated March 10, 1981 in the original principal amount of Six Hundred Eighty-Seven Thousand Two Hundred and no/100 Dollars ($687,200.00), that certain Mortgage of even date therewith, that certain Security Agreement and certain other instruments executed in connection with the Loan. C. In connection with, as a condition to and in consideration for the Owner's participation in the Mark-to-Market Program, as authorized by the "Multifamily Assisted Housing Reform and Affordability Act of 1997," Title V of the Departments of Veterans Affairs, Housing and Urban Development and Independent Agencies Appropriations Act, 1998 (Pub. L. No. 105-65, 111 STAT. 1384, approved 10/27/97), the Owner and the Secretary entered into that certain Restructuring Commitment dated FehnHlry 6, J007 as amended through the date hereof, pursuant to which the parties have agreed, among other things, that: (i) the Loan shall be fully prepaid; and (ii) the Project shall be subject to certain rental restrictions and other requirements, as set forth herein. NOW, THEREFORE, in consideration of the foregoing premises, the sum ofTen Dollars ($10.00) in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, for themselves and for their respective successors and assigns, hereby agree as follows: 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated by reference as if fully set forth herein. 2. Definitions. a. "Closing Date" shall mean the date upon which the Transaction is consummated through the execution and recordation of binding legal instruments (the "Closing"). b. "Code" shall mean Section 42 of the Internal Revenue Code of 1986, as amended, and any Treasury regulations promulgated thereunder, as in effect as of the date hereof. c. "Expiration Date" shall mean the thirtieth (30th) annIversary of the Closing Date of this Agreement. d. "Low Income Tenants" shall mean persons or families having an income that is greater than fifty percent (50%) but not more than sixty percent (60%) of Median Income (as hereinafter defined), with adjustments for smaller or larger families. e. "Median Income" shall mean the median gross income for a person or a family, as applicable, in the area in which the Project is located, as established under M2M Use Agmt 09~15-04