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201007863 (}�) If a Recapture Event shall nccwr, the applicable portion of ttie Subaward disbursed to th� Owner shall b� subject to `5recapture" in the amounts set forth below (the "Rccaptur� Amount"). (i) If the Recapture Event arises under Section. 6. l(a)(vi) and (vii) abov�, after allowing any permitted p�riod for correction, the Recapture Amount shall be equal to the full �mount aF the Subawazd, less 6.b'7% for each year of the Compliance P�riod in which a Recaptuare Event has not occurred; provided, howev�r, that if the Owner restores (A) the percentage of Low-Tncome Units ta the Required Pcrcentage and/or (B) the Prcaject as a"qualified low-income housing project," as applicable, the Recapt�ure Event and any Recapture Amount may be waived by the Authority with respect to subsequen,t years in the Compliance Period in which the Pxoject is in compliance, providec� that sucla waiver is permitted under the Program Requirements. (ii) If the Recapturc Event at�ises under Section 6.1(a)(i) (ii), (iii), (iv), or (v) above, the R�capturc Amount shall be an amount equal ta thc Full amount of the Subaward disbursed tp the Qwner under the tenns of this Agreement. (iii) If the Recapture Event arises under Scction 6.1(a)(viii) above, the Rec�pture Amount shall be an amount equal ta the amount of the Subawazd deternnined tn have been expendcd in violation of th� Program Requirements. (c) If a Recapture Event occurs, in addition to the �.ecapture Amount, the Owner wiil pay ta the Authority upan demand an amaunt equal to the costs and fees incurred by the Authority in connection with such Recapture Ev�nt. SecHan GZ. Enfarcement (a) The Recapture Amount shall be due and paya;ble to the Gencral Fund of Treasury and shall be deemed a debt owed to the Treasury, enfor�eable against any assets af the Owr�er. Such Recapture Amount shall be secured a�nd enforceable by the lien of the Recapture Decd af Trust against the Project in favor of the Treasury, which lien may be en�orced by the Authority an behalf of the Treasury. (b) [Intentionally Omitted]. (c) Unless another date is specifically �x�d by law, the lien imposed hereunder shall arise at the time the Recapture Amount becomcs due and shall continue until liability for the Recaptuce Amount is satisfied in full. (d) The lien of the Recapture Decd of Trust shall be subordinate to the Mortgage Loan and such priarity shall be reflected upvn recardation. Section 6.3. Notice The Authority shall prov�de the Owner with written notice in accordance with Sectian 11.1 af any Recapture Event ar of any circumstances which, with the passage of time, -12- d848-2332-1094.2