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200809714
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Last modified
11/25/2008 2:56:37 PM
Creation date
11/25/2008 2:56:36 PM
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DEEDS
Inst Number
200809714
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<br />200809714 <br /> <br />Unit merely because it is occupied (i) by a student receiving AFDC assistance under Title IV of <br />the Social Security Act, (ii) by a student in a government-supported job training program, <br />(iii) entirely by full-time students who are single parents and their children, provided such <br />occupants are not dependents of another person or (iv) by full-time students who are married and <br />file a joint return. The determination of whether an individual or family is a Qualified Tenant <br />shall be made at least annually on the basis of the current income of such occupants. Any <br />Dwelling Unit occupied by an individual or family who is a Qualified Tenant at the <br />commencement of occupancy shall continue to be treated as if occupied by a Qualified Tenant, <br />provided that, should such Qualified Tenant's income subsequently exceed 140% of the <br />applicable income limit, such tenant shall no longer be a Qualified Tenant if, after such <br />determination of income, but prior to the next determination, any residential unit of comparable <br />or smaller size is rented to a tenant who is not a Qualified Tenant. <br /> <br />"Qual(fied Unit" means a residential unit in the Project designated for occupancy by <br />Qualified Tenants. <br /> <br />"Related Persons" means two or more persons related within the meaning of <br />Section 147(a)(2) of the Code, including, but not limited to, familial and trust relationships, <br />actual or attributed partnership interests, related corporations and certain corporate shareholders. <br /> <br />"Rent Restricted Unit" means a Dwelling Unit if the gross rent with respect to the <br />Dwelling Unit does not exceed 30% of the imputed income limitation applicable to such <br />Dwelling Unit (based on the number of bedrooms therein in accordance with Section 42(g)(2)(C) <br />of the Code). <br /> <br />"Required Number of Years" means the number of years after the Occupancy Date on <br />which the Qualified Project Period expires and as set forth on the Summary Page. <br /> <br />"Required Number qf Compliance Years" means the number of years after the <br />Occupancy Date on which the Qualified Project Period expires as set forth on the Summary <br />Page. <br /> <br />Section 2. Representation, Covenants and Warranties of the Owner. The Owner <br />makes the following representations and warranties to induce the Authority to enter into this <br />Agreement and further represents, warrants and covenants that: <br /> <br />(a) The Owner (i) is a legal organization as described on the Summary Page <br />hereof organized under the laws of the state identified on the Summary Page thereof and <br />is qualified to transact business under the laws of the State of Nebraska, (ii) has the <br />power and authority to own its properties and assets and to carryon its business as now <br />being conducted (and as contemplated by this Agreement) and (iii) has the full legal <br />right, power and authority to execute and deliver this Agreement and to perform all the <br />undertakings of the Owner hereunder. <br /> <br />(b) The execution and performance of this Agreement by the Owner (i) will <br />not violate or, as applicable, have not violated any provision of law, rule or regulation or <br />any order of any court or other agency or governmental body, (ii) will not violate or, as <br />applicable, have not violated any provision of any indenture, agreement, mortgage, <br /> <br />3 <br />
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