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201006213
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Last modified
1/11/2011 1:37:36 PM
Creation date
8/30/2010 4:58:52 PM
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DEEDS
Inst Number
201006213
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~o~oos2i~ <br />transfer, This provision shall not act to waive any other restriction on such sale, transfer <br />or exchange; <br />(o) that the Owner (or its property manager with respect to the Project) shall <br />attend in each year of the Qualified Project Period at least one of the property <br />managementJcompliance monitoring sessions sponsored by the Authority; and <br />(p) for each year of the Qualified Project Period, the Owner will submit to the <br />Authority a copy of the Project's filed IRS Farm 1QbS. <br />Section. 4. Occupancy Restrictions. For the purpose of satisfying the requirements of <br />Section 42 of the Cade, at least for the Qualified Project Period, the Owner hereby represents, <br />covenants and agrees as follows: <br />(a) throughout the Qualified Project Period (excluding Dwelling Units not <br />previously occupied), at least the Applicable Set-Aside Percentage of the completed <br />Dwelling Units in the Project shall be both a Rent Restricted Unit and occupied solely by <br />Qualified Tenants, prior to the satisfaction of which no additional units shall be rented or <br />leased to any other tenants after initial rental occupancy of Dwelling Units by Qualified <br />Tenants, as required by Section 42 of the Cade. For purposes of satisfying the <br />requirement that not less than the Applicable Set-Aside Percentage of the Dwelling Units <br />be occupied by Qualified Tenants, no Qualified Tenant shall be denied continued <br />occupancy because, after admission, the Qualified Tenant's family income exceeds the <br />applicable qualifying income level set forth in the definition of "Qualified Tenant" <br />herein. The Owner shall at all times during the Qualified Project Period maintain the <br />percentage requirements of this Agreement by providing the next available unit of <br />comparable or smaller size to Qualified Tenants as needed to achieve compliance with <br />the Foregoing requirements. If necessary, the Owner shall refrain from renting Dwelling <br />Units in the Project to persons other than Qualified Tenants in order to avoid violating the <br />requirement that at all times during the Qualified Project Period at least the Applicable <br />Set-Aside Percentage of the completed Dwelling Units in the Project shall be both a Rent <br />Restricted Unit and occupied by Qualified Tenants; <br />(b) to obtain and maintain on file from each Qualified Tenant residing in the <br />Project (which shall be obtained and updated each year during occupancy by such <br />tenant), a copy of such tenant's executed Certification of Tenant Eligibility and Income <br />Verification (attached hereto as Exhibit B or in such other form and manner as may be <br />required by the applicable rules, regulations or policies now or hereafter promulgated by <br />the Authority, the Department of the Treasury or the Internal Revenue Service (the <br />"IRS")), as well as supporting documentation, which is subject to independent <br />investigation and verification by the Authority and which shall be submitted to the <br />Authority as set forth in (c) below; <br />(c) the Owner will immediately notify the Authority if at any time the <br />Dwelling Units in the Project are not occupied or available for occupancy as provided <br />above, and the Owner will prepare and submit to the Authority, not later than January l S <br />of each year following the first year of the credit period, a Certificate of Continuing <br />Program Compliance (the form of which is attached hereto as Exhibit C) and an Annual <br />Tax Credit Summary Report (the form of which is attached hereto as Exhibit D), both <br />
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