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2oioo7s35 (b) If a Recapture Event shall accur, the applicable portion of the Subaward disbursed to the Qwner shall be subject to "recapture" in the arnounts set farth below (the "Recapture Amount"). (i) If the Recapture Event arises under Sectian 6.1(a)(vi) and (vii) above, after allowing any permitted period far correction, the Recapture Amount shall be equal to the fu11 amount of th� Subaward, less 6.67% for each year of the Compliance Period in which a Recapture Event has not occurred; provided, however, that if the Owner restores (A) the percentage af Low-Income Units to the Required Percentage and/or (B) the Project as a"qualified low-rncame housing project," as applicable, the Recapture Event and any Recapture Arnount rnay be waived by the Authority with respect to subsequent years in the Cornpliance Perind in which the Project is in compliance, provided that such waiver is permitted under the Program Requirernents. (ri) If the Recapture Event arises under Section 6.1(a)(i) (ii), (iii), (iv), or (v) above, the Recapture Amount shall be an arnount equal to the �'ull amount af the Subaward disbursed to the Owner under th� terms of this Agreement. (iii) If the Recapture Event arises under Section 6.1(a)(viii) above, the Recapture Amount shall be an amount equal to the arnount of the Subaward detennined to have been expended in violation of the Program R�quirements. (c) �f a Recapture Event occurs, in addition to the Recapture Amaunt, the Owner �e�vill. pay to the Authority upon demand an amount equal to the costs and fees incurred by the Authority in cannection with such Recapture Event. Section G,2. Enfnrce��nt (a) The Recapture Amount shall be due and payable to the General Fund of Treasury and shall be deemed a debt owed to the Treasuzy, enforceable against any assets of the Owner. Such Recapture Amount shall be secured and enfarceable by the lien of the Recapture Deed af Trust against the Praject in favor of the Tr�asury, which tien may be enforced by the Authority on behalf of the Treasuzy. (b) [�ntentionally Omitted]. (c) Unless another date is specifically f xed by law, the lien irnpased hereunder shall arise at the time the Recapture Amount becoznes due and shall continue until liability for the Recapture Amount is satisfied in full. (d) The lien of the Recapture Deed of Trust shall be subordinate to the Mortgage Loan as set forth an Exhibit B and such priority shall be reflected upon recordation. Section 6.3. Notice The Authority shall pravide the Qwner with wr'rtten notice in accordance wilh Section 11.1 of any Recapture Event or o�' any circumstances which, with the passage of tirne, -12- 4841-2135-3478.2