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<br />I <br /> <br />84 - 005482 <br /> <br />- 2- <br /> <br />3. Real property covered by the mortgage and this Agreement is described in Schedule A attached nereto. <br /> <br />4, The Owners covenanr and agree that: <br /> <br />(a) Admission to the project shall he limitl!d to families having a low or moderate income which does not <br />exceed the limits established by the Commissioner and in effect at the time of admission; <br /> <br />(b) Pre:erence or priority for admission to the project and for placement on the waiting list, which Owners <br />shall maintain. shall be extended to those families of low or moderate incomes who have certificates of <br />eligibdity as displaced families; <br /> <br />(c) On forms approved by the Commissioner they will obtain from each prospective tenant a certification <br />of income prior to admission to the project, and a recertification of income from each tenant at leest every <br />two years following the date of admission; <br /> <br />(d) If any recertification discloses that femily income. "'"eds the limits established by the Commissioner <br />and in effect at the time of recertificatio:l, :hey ~!'i " ",Ie.er termin&\;' ,he lease, or require the tenant to pay <br />an increased rental in nn amount ,"'mp"ted in '''' .. "nee with the formula prescribed by the Commissioner; <br /> <br />(e) They shall require all tenants to execute e lease in the form prescribed by the Commissioner, and shall <br />not rent any unil in the project for less then 30 days :tOr more than one yeer; <br /> <br />(f) The rent charged for each unH shall not exceed the upper limit of the ~~!r-' shewn for such type of <br />unit on the rental schedule approved in writing by the Commissioner, and shall include the reasonable <br />use of aU utilittes shown on seid scheduie, but in no event shall the total groM monthly rents for all <br />dwelling units exceed Ihe gross monthly dwelling income for all units approved by the CommiSSioner on <br />the ratttal schedule; <br /> <br />(g) No increase will be made in the emount of the gross monthly dwe11lng income for all Wlits as shown <br />on the rental schedule unless such increase is approved by the Commissioner, who will at any time en- <br />tertain a written request for an increase properly supported by substantiating evidence and within a re.. <br />sonable time shall: <br /> <br />(I) Approve a rental schedule that is necessary to compensate for any net increase, occurring <br />since the last approved rental schedule, in taxes (other than income taxes) and operating and <br />maIntenance expenses over which Owners hare no effective control, or <br /> <br />(2) Deny the ,"crease stating the reasons therefor; <br /> <br />(h) If there are rent supplement units in the project, the determ\""tion as to the elillibility of tenants for <br />admission to such units and the conditions of continued occupancy shall be in @ccordance with t~ Rent <br />Supplement COnltaCl ~xe('uted by the Owners and the Commissioner which is incorporated in and made a <br />p"rt of this Agreement; <br /> <br />(0 They w ill rent commercial facihhes~ if any. at not less than the rentel approved h," the Commissioner; <br /> <br />(j) In selecting tenants they shall not discnminate against any person or persons by reason of the fact <br />that there are children :n the famlly. <br /> <br />5. Upon pnor WnU~rl .':lpp~d""'a! of th:eComm~ssio...er.the fr#nsrs ~~y ChQfge to ami receive hom any tenant such <br />f!ore.....~nts ?os fm:n tUi;C to tillIC ma)' be mutually agreed. upon between the tenant and Owners for any facilities <br />and/or serncps which may be furnished by the Owner or others to such tenent upon his request. in addition <br />to the fSClhties and services included in the gpproved Rent~l Schedule. <br /> <br />6. Owners sha!! not WIthout the prior written approval of the Commissioner: <br /> <br />(8) Convey, transfer, or encumbN any of the mortgaged property, or permit the conveyance, transfer or <br />encumbrance of such property; <br /> <br />(b) l\ssign, transter, dlSpt1Se Of,llf (~ncumbcr any personal property of the project, including rents. or payout <br />dn}' funds, other than from surplus cash. ext'ept for r~f.'lsonablt." \Jperatllt~ expenses. and nN.....ssary repa!!'s.; <br /> <br />L <br /> <br />(c) Convey. assign. \)1 tr.,JI\sft"t al1~' b~rlt'{iCHtllntC'test HI any trust holchng title to the mQrtgaged property, <br />ur the Intt~rest vf any gt"neral partner In a par tnership owning the mortgQged property, or any f1ght to <br />nH.tJ1Hgc of r("'eel Vt.. the It~nts and prolits from the mor~ga&ed property; <br /> <br />iO} Rt'n\i~lt'l. ;~(hl t\l, reTPi1strllct. or demolish ~ny part of the mortgaged property" 01 subtr.H.:t !'rom i.inV re~tl <br />"f p-t>fS\.If\,d I'l,,\,('fI \ .,t tIlt" prolt'ct. <br /> <br />I ~ i ~~~kX. 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