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201106264
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Last modified
9/14/2011 12:35:29 PM
Creation date
8/23/2011 8:45:14 AM
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DEEDS
Inst Number
201106264
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�O�lOS�s4 <br />(d) If the Project experiences financial trouble it can request a waiver of the <br />applicable rent restriction sta.ted on the Summary Page of this Agreement. The right to <br />grant a rent restrictian waiver is vested in the Executive Director of the Authority. A <br />waiver will be based on the written evidence supplied by the owner which is evaluated <br />and certified by an independent third party CPA. The Authority may waive or adjust the <br />specified rent restriction for a period not to exceed 36 months. After 3Q months a review <br />of the current evidence will be conducted to determine if the waiver should be extended. <br />Conditions justifying a waiver of the rent restriction include but axe not limited to: <br />(i) Extraordinary changes in operating expenses. <br />(ii) Capital requirements necessary to maintain a safe, sanitary unit, suitable <br />for occupancy. <br />(iii) Lender originated changes to financial conditions and debt arrangement <br />that substantially impacts debt service coverage ratios. <br />Any dispute of the waiver decision by the Executive Director of the Authority can be <br />appealed and settled by arbitration. The arbitration boazd shall consist of the following mutually <br />acceptable representatives: <br />(A) A representa.tive selected by the Executive Director <br />of the Authority; <br />(B) A representative selected by the Owner of the <br />Project; and <br />(C) A representa.tive from the American Arbitration <br />Association (moderator or voting member). <br />Under no circumsta.nces shall the waiver process provide an opportunity for a project to <br />deviate from the rent restriction because of improved market conditions or for any reason other <br />than an increase in the certain county area median income, without the prior approval of the <br />Executive Director of the Authority. <br />Section 6. Compliance With Crown Program. Owner hereby acknowledges a <br />material inducernent for the Authority to enter into this Agreement was to provide a program to <br />assist Qualified Tenants in moving from rented residences into ownership by providing, among <br />other things, educational, supportive and counseling services more fully described on Exhibit E <br />to the Property Management Agreement (the "Crown Program'�. Owner hereby covenants and <br />agrees to ensure the provision of all such educational, supportive and counseling services <br />(collectively, the "Supportive Services"). Owner also hereby covenants and agrees to: <br />(a) operate and ensure the opera.tion of the Dwelling Units in a manner <br />consistent with the Crown Program. <br />4840-0052-9929.1 10 <br />
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