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zo � oo�s�3 "LUR.A" means the Laxa,d Use Restriction Agreement Far Low-Income Housing Tax Credits tn be entered into by the Authority and the Owner in which the OwnEr agrees tv mainta.in the Proj�ct for occupants who meet the income requirements under Code Secti�n 42(g) ar�d to maintain the Project as "rent-restricted" under Code Sectian 42(,�) for a c�rtain period of time sct forth in the LURA, subject to ce�tain exceptians set forth therein. "Minimum Set-Aside Test" means the set-aside test described in Section 42(g}(1) af the Code selected by the Owner wh�reby at least 40°/a of the units in the Project must be occupied by individuals with incomes less than or �qual to 5Q% of area median income, as adjusted for family size, determined in accardance with Section 42(g)(1) of the Code. "Mort�a�e Laa�(s)" means the loans listed on Exhibit B. "Uwner" means IViosaic Residential Services of Nebraska, LLC and its successors and assigns. "Person" means any individual or Eniity, and the heirs, executors, adaninistratars, legal representatives, successors and assigns of such Persan where th� context so admits; and, unless the context otherwise requires, the singulaz shall include the plural, and the masculine gender shall include the feminine and thc ncuter and vice versa. "Placed In-Servi e te" means the date by which at least one unit in each building in the Project must be ready aad available for occupancy in accordance with state and local laws, which date shall be February 28, 2011. "Plans and Spec,ifications" means the plans and specifications fnr the construction of the Project, including, without limitation, specifications far materials, and a.11 amendments and modificatians thereof. "Pro ram Re uirements" m�ans any and all requirements for receiving and maintaining a. Subaward of Section 1602 Program Funds as set forth in Sectian 1602 of lhe Rccovery Act, the Guidelines, and any, other rules, regulations, guidelines or natices published by the IltS or Tr�asury fram time to time with respect to the Section 1602 Program tliat are applicable to the Project. "Pro ert" means the 24 unit residential renta.l housing develvpment in 4 building(s), including any relate�i facilities and structures to be constructed on the Land, and all oth�r real and personal prop�rty that is used in connection with the d�velopment a.nd operation of the Land located in Grand Tsland, Norfolk and Omaha, Nebraska. ",QAP" m�ans th� Auihority's 2010 LIHTC Qualified Allocation Pl�n, including any amer�dments thereto. "Recapture Event" shall mean any event set forth in Section 6_ 1 of this Agre�xnent. �eca ture Deed of Trust" means the deed of trust granted by the Owner to the Autharity to secure the obligation of the Owner to repay all ar a portion of the Subaward in accardance with the terms af this A�reement. -5- 4848-2332»1U94.2