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201007637
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201007637
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Last modified
1/11/2011 2:32:48 PM
Creation date
10/18/2010 2:48:20 PM
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DEEDS
Inst Number
201007637
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�n�oo�s3; <br />the Project for occupa�ats wha meet the income require�nents under �ode Section 42(g) and to <br />maintain the Pxoject as "rent-restricted" under Code Section 42(g) for a certain period af trme set <br />forth in the LURA, subject to certain exceptions set forth therern. <br />"Minimum Set-Aside Test" means the set-aside test described in Section 42(g)(1) of the <br />Code selected by the Owner vvhereby at least a0% of the units in the Prnject rnust be occupied by <br />individuals with incomes less than or equal to 60% of area mediari income, as adjust�d far family <br />size, detezmin�d in accordance wiCh S�ction 42(g)(1) af the Code. <br />" Mortgage Loan(s) means the laans listed an Exhibit B , <br />"Owner" means Westridge CROWN, LLC and its successors and assigns. <br />"Person" means any individual or Entity, and the heirs, executors, adrninistrators, le�;al <br />representatives, successors and assigns of such Person where the cvntext so admits; and, unless <br />the context otherwise requires, the singular shall include the plural, and the rnasculine gender <br />shall include the feminine and the neuter and vice versa. <br />"Placed In-Service Date" means the date by which at least one unit in each building in <br />the Project must be ready and available for occupancy in accordance with state and local laws, <br />which date shall be July 31, 2011. <br />"Plans and S ecificat�ons" means the plans a�id specifications t'or the construction c�f the <br />Project, including, without limitation, sp�cifrcations for materials, and all amendments and <br />modifications thereof. <br />"Pro ram Re uirernents" rneans any and all requirertients for receivin� and maintaining <br />a Subaward of Section l G02 Program Funds as set forth in Sectiozt 1602 of the Recovery Act, the <br />Guidelines, and any other rules, regulations, guidelines or notices published by the IRS or <br />Txeasury fronn time to time with respect to the Section 1602 Prograzn that are applicable to the <br />Project. <br />"Pr„ oiect" means the 12 single family residential rental housing developrnent in 12 <br />buildings, including any related facilities and stntctures to be constructed on the Land, and all <br />other real and personal property that is used in connection with the devcloprnent and operation of <br />the Land located in Grand Island, Nebraska. <br />" AP" means the Autharity's 2010 LIHTC Qualified Allocation Plan, including any <br />amendments thereto. <br />"Recapture Event" shall mean any event set forth in Section 6.1 of this Agxeement. <br />Reca ture Deed of TrusY' rneans the deed of trust �ranted by the Owner to the <br />Authority ta secure the obligation of the Owner to repay all or a portion of the Subaward in <br />accordance with the terms of this Ag�reement. <br />"Recoverv Aet" means the American Recovery and Reinvestrnent Act of 2009. <br />-5- <br />484G-G923-1367.3 <br />
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