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2�10fl7�3 i Program and agreeing to repay the Subaward upon a violatian of any af the Cerrns or coilditions hereof and (ii) grant to the Authority a Recapture Deed of Trust (the "Recaptuxe Deed of Trust") on the Project as security therefore as hereinafter described and the Owner has agreed to accept the Subaward subj�ct ta the terms and conditions set forth herein; WHEREAS, the Owner has represented that it will use the Subaward to �nance the canstruction/rehabilitation of a"qualified ]ovv-incame building" within the meaning of Section 42 of the Cade; WHEREAS, the Owner under Chis Agreement, intends, declares and covenants that the regulatory and restrictive cavenants set forth herein �overning the use, occupancy and transfer af the Project shall be and are cavenants running with the Land and the Project for the term stated herein and bindin� upon all successars and assigns of the Owner with respect to the Project for such term; WHEREAS, the parties have agr�ed that this Agreement is to be recorded in the office of the deed of registry far the caunty where the Project is located and is to run with the land; and NOW, THEREFORE, in consideration of the mutual covenants and conditions set farth herein and ather gaod and valuable consideration, the receipt and sufficiency of which are hexeby acknowledged, the parties hereby agree as follows: ARTICLE T DEFINITIONS The capitalired terms used in this Agreement shall have the meanings ascribed to them in the Recitals heretv and in this Article I; provided that certain terms used and not de�ned herein. shall have the meanings ascribed to thenn in or fox purposes of Section 42 of the Code. "Agreement" means this Section 1602 Subaward Agreernent, including any subsequent amendments. "Asset Ma_ . na�er" means the Authority ar such entity approved by lhe Authority, who will perfarm and provide the asset management duties set forth in 9.2 of this Agreement. "Authoritv" means the Nebraska Investment Finance Authority, a body politic and corparate, not a state agency, but an independent instrurnentality exercising essential public functions under the constitution and laws ofthe State of 1Vebraska "Bud„�et" means the fiinal saurces and uses for the Project attached hereto as Exhibit B. The Budget n�ust clearly shaw the total development casts of the Praject, the total arnount of Subar�vard granted to the Project atad the total anticipated amaunt of Tax Credit equity to be contributed to the Owner hy the Tax Credit Investar. Thc Authority may refuse to approve inclusion in the Budget af (or require the review a� proposed costs that appear unreasanable. "8usiness Da " means a day of the year on which banks are not required or authorized to close in the State. asab-�9a�•� �c,�,:� -2-