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�o��os�o� (including adjustments for family size) as determined in accordance with the Code ("Qualified Tenants"); and WHEREAS, the Owner intends, declares and covenants that the regulatory and restrictive covenants set forth herein governing the use, occupancy and transfer of the Project shall be and are covenants running with the land for the term stated herein and binding upon all subsequent owners of the Project for such term and are not merely personal covenants of the Owner. NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, and of other valuable consideration, the Owner and the Authority agree as follows: Section 1. Detinitions. Unless otherwise expressly provided herein or unless the context clearly requires otherwise, the terms defined above shall have the meanings set forth above and the following terms sha11 have the respective meanings set forth below for the purposes hereof, and all words and phrases defined in Section 42 of the Code shall have the same meanings in this Agreement: "Applicable Inconie Percentage" means the percentage stated in the Summary Page hereof as the percentage of area median gross income, which may not be exceeded by individuals or families qualifying as Qualified Tenants. "Applicable Set-Aside Percentage" means the percentage stated in the Summary Page hereof as the percentage of Dwelling Units in the Project to be Ieased to Qualified Tenants. "Dwelling Units" means the units of muitifamily residential rental housing comprising the Project. "Functionally Related and Subordinate" means and includes facilities for use by tenants, for example, laundry facilities, parking areas and recreational facilities, provided that the same are of a character and size commensurate with the character and size of the Project. "Grantee" Housing Development Corporation, a Nebraska nonprofit corporation. "Manciging Member" means Housing Plus, LLC, a Nebraska limited liability company. "Occupancy Date" means the first day on which the Project is placed in service, as set forth on the Summary Page hereof. "Operating AgreemenP' means that certain First Amended and Restated Operating Agreement of the Owner, dated as of September 29, 2010. "Project" means the Project Site and all buildings, structures, fixtures, equipment and other improvements now or hereafter constructed or located upon the Project Site. "Project Site" means the real property described in Exhibit A attached hereto. "Property Management AgreemenP' means that certain Property Management Agreement, dated as of the date hereof, by and between the Owner and the Property Manager. 4832-2986-0106.1 2