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2�1D07�35 Program and a�reeing to repay the Subaward upon a violatian of any af the terms or conditians hereof and (ii) grant to the Authority a Recapture Deed of Trust (the "Recapture Deed of Trust") on the Praject as security therefore as herainaf�er described and the Owner has agreed to accept the Subaward subject to the terms and conditions set forth herein; WHEREAS, the Owner has represenied that it will use the Subaward to finance the construction/rehabilitation of a"qualified law-incame building" within the meaning of Section 42 af th� Code; WHER.EAS, the Qvvner under this Agreement, intends, declares and covenants that the regulatary and restrictive cavenants set fnrth herein governing the use, occupancy and transfer of the Project shall be and are covenants zunning with the Land and the Project for the term stated hcrcin and binding upon all successors and assigns of the Owner with resp�ct to th� Project for such term; " WHEREAS, the parties have agreed that this A�reement is to be recorded in the office of the deed of registry for the county where the Project is located and is to run with the lan;d; and NOW, THEREFORE, in consideration of the mutual cavenants and conditions set forth herein and other gaod and valuable consideration, the receipt and sufficiency af vvhich are hercby acknawledged, the parties hereby agree as follows: ARTICLE T DEFINITIONS The capitalized terms used in this Agreement shall have the rneanings ascribed to thern in the Recitals hereto and in this Article I; provided that certain ternzs used and not defined herein shall have the nieanings ascribed to them in or for purpases of Sectian 42 of the Code. "A�reement" rneans this Section 1602 Subaward Agreement, including any subsequent amendrnents. "Asset Ma�a er" rneans the Authority or such entity approved by the Authority, who will perform and provide the asset management duties set forth in 9.2 of this Ag;reement. "Authoritv" means the Nebraska Tnvestment �inazice Authority, a body politic and corparat�, not a state agency, but an independent instrurnentality exercising essential public functions under the constitution and laws ofthe State afNebraska "Sud�et" means ihe tinal sources and uses for the Praject attached hereto as Exhibit B. "T"h� Bud�et must clearly shaw the total development costs �f the Project, the tatal amount of Subavvard granted ta the Project and the tatal anticipated arnaunt of Tax Credit equity to be cantributed to the Owner by the Tax Credit Investor. The Autharity may refuse to approve rnclusion in the Budget of (or require the xevie�v of� proposed casts that appear unreasonable. "Business Dav" means a day of the year an which banks are not required or authorized to close in the State. _�_ 4841-2135-3478.2