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201106807
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Last modified
9/15/2011 10:49:31 AM
Creation date
9/14/2011 4:17:20 PM
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DEEDS
Inst Number
201106807
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201106�07 <br />Members attributable to such sale, (ii) the principal amount of outstanding indebtedness secured <br />by the Project (other than indebtedness incurred within the five (5) year period ending on the <br />date of the sale to the Grantee) and (iii) provisions as provided in Operating Agreement. <br />It is expressly agreed, however, that (a) the Owner, in the event the Grantee does not <br />exercise its right of first refusal described above, for a period not to exceed three (3) months <br />from the date the Grantee gives notice to Owner that it will not exercise such right of first <br />refusal, or (b) the Grantee upon exercising its right of first refusal described above, shall offer to <br />sell each Qualified Unit to any non-defaulting Qualified Tenant then in occupancy for an amount <br />no greater than the amount determined in accordance with Section 42(h)(6)(F) of the Code. <br />In the event neither the Grantee nor Qualified Tenant elects to exercise its respective <br />rights outlined in this Section 7 upon the expiration of the Qualified Project Period, the Authority <br />shall have the option of purchasing any Qualified Unit for an amount determined in accordance <br />with Section 42(h)(6)(F) of the Code. <br />Upon the Grantee exercising its right of first refusal described above, with respect to any <br />Qualified Unit not purchased by a Qualified Tenant, the Grantee shall continue the achievement <br />of the Crown Program goals for each such Qualified Unit for a period of 15 additional years and, <br />at the expiration of such additional 15 years, offer to sell each Qualified Unit to the Qualified <br />Tenant then in occupancy. A Qualified Unit shall be sold to a Qualified Tenant for an amount <br />equal to the amount determined in accordance with Section 42(i)(7) of the Code, as described <br />above under the right of first refusal. <br />If at the time a Qualified Unit is sold to a Qualified Tenant (the "Initial Sale") the fair <br />market value at the time the Initial Sale exceeds the sale price to the Qualified Tenant (such <br />difference, the "Crown Equity"), the deed transferring title to such unit shall contain a restriction <br />limiting the proportion of the Crown Equity allocated to such Qualified Tenant in the event the <br />Qualified Tenant resells the Quali�ed Unit to a third party or entity before such Qualified Tenant <br />has occupied the Qualified Unit continuously for ten (10) years. The amount of Crown Equity <br />allocated to a Qualified Tenant at the resale by such Qualified Tenant of a Quali�ed Unit (the <br />"Subsequent Sale") shall be determined in accordance with the following formula (to be set forth <br />in any deed at the Initial Sale): <br />(Fair Market Value of Qualified Unit at time of Initial Sale - Purchase price of <br />Qualified Unit at time of Initial Sale) X(Total number of years of occupancy by <br />Qualif'ied Tenant/10) = Amount of Crown Equity allocated to Qualified Tenant at time of <br />Subsequent Sale. <br />The remaining Crown Equity after allocation to the Qualified Tenant in accordance with <br />the above formula shall be funded to the Authority, which shall apply such funds toward home <br />ownership programs in Grand Island, Nebraska. The Qualified Tenant, however, shall receive <br />any amounts in excess of the Crown Equity attributable to the appreciation in the value of the <br />Qualified Unit from the time of the Initial Sale to the time of the Subsequent Sale (the <br />"Appreciation Equity"). <br />4832-2986-0106.1 12 <br />
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