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20100307Q 2 certain rental apartment project known as Mosaic Housing Corporation II, known as REMS Property ID No. 800013534 (the "Project") and, together with the Real Property, (the "Property"). B. The Property receives project-based Project Rental Assistance Payments thraugh Contract No. NE26-Q931-001 entered into by the Owner, or a predecessor in interest, dated November, 1995, under 42 U.S.C §8013(d)(2). C. The Owner has submitted an application for participation in HUD's Green Retrofit Program authorized by Title XII of the American Recovery and Reinvestment Act of 2009, Pub. L. No 111 TS in the section titled "Assisted Housing Stability and Energy and Green Retrafit Investments," under "Housing Programs" and as a condition of the Secretary's approval of the application, the Owner has agreed that the Project shall be subject to certain rental restrictions and other requirements, as set forth herein. NOW, THEREFORE, in consideration of the foregoing and the mutual promises set forth herein, the parties hereto, for themselves and far 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. "Area Median Income" shall mean the median grass income for a person ar a family, as applicable, as from time to time calculated and released by the Secretary, based on the median income for the Hall County, NE Micro Metropolitan Statistical Area (hereinafter called the "Hall MSA"). if the Area Median Income for the Hall MSA is na Langer released at least annually by the Secretary, then the median income calculation which most closely approximates the aforesaid calculation, based on available data, as if it had been recalculated annually, shall be substituted as the Area Median Incame for all purposes under this Use Agreement, and in such event, the parties hereto shall acknowledge in writing the utilization of such substitute median income calculation. b. "Area Median Income Factor" is the number obtained by dividing the Area Median Income as then most recently released, by the Area Median Income in effect on the date of this Agreement. Form HUD-93142c-GRP 11/2009