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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
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201106807
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2ogios�oo <br />"Property Manage�" means Mesner Development Company. <br />"Qualified Basis" as set forth on the Summary Page. <br />"Qualified Project Period" means a period beginning on the Occupancy Date and ending <br />on the date which is the Required Number of Years after the Occupancy Date as set forth on the <br />Summary Page. <br />"Qualified Tenants" means and includes individuals and families (i) whose income is <br />equal or less than the Applicable Income Percentage of area median gross income (including <br />adjustments for family size) as elected and determined in accordance with the Code and <br />Regulations and (ii) who have been properly selected by the Owner or the Property Manager <br />pursuant to the Leasing Guidelines attached as E�iibit B to the Property Management <br />Agreement. Except as otherwise provided herein, the occupants of a Dwelling Unit shall not be <br />considered to be of low income if any occupant is a student (as defined in Section 151(c)(4) of <br />the Code). Notwithstanding the foregoing, a Dwelling Unit is not disqualified as a Qualified <br />Unit merely because it is occupied (i) by a student receiving AFDC assistance under Title IV of <br />the Social Security Act, (ii) by a student who was previously under the care and placement <br />responsibility of the state agency responsible for administrating a plan under Part B or Part E of <br />Title IV of the Social Security Act, (iii) by a student in a government-supported job training <br />program, (iv) entirely by full-time students who are single parents and their children, provided <br />such occupants are not dependents (as defined in Code Section 152, determined without regard <br />to subsection (b)(1), (b)(2) and (d)(1)(B) thereo� of another person or (v) by full-time students <br />who are married and file a joint return. The determination of whether an individual or family is a <br />Qualified Tenant shall be made at least annually on the basis of the current income of such <br />occupants. Any Dwelling Unit occupied by an individual or family who is a Qualified Tenant at <br />the commencement of occupancy shall continue to be treated as if occupied by a Qualified <br />Tenant, provided that, should such Qualified Tenant's income subsequently exceed 140% of the <br />applicable income limit, such tenant shall no longer be a Qualified Tenant if, after such <br />determination of income, but prior to the next determination, any residential unit of comparable <br />or smaller size is rented to a tenant who is not a Qualified Tenant. <br />"Qualified Unit" means a residential unit in the Project designated for occupancy by <br />Qualified Tenants. <br />"Rel�ted Persons" means two or more persons related within the meaning of <br />Section 147(a)(2) of the Code, including, but not limited to, familial and trust relationships, <br />actual or attributed partnership interests, related corporations and certain corporate shareholders. <br />"Rent Restricted Unit" means a Dwelling Unit if the gross rent with respect to the <br />Dwelling Unit does not exceed 30°Io of the imputed income limitation applicable to such <br />Dwelling Unit (based on the number of bedrooms therein in accordance with Section 42(g)(2)(C) <br />of the Code). <br />"Required Number of Years" means the number of years after the Occupancy Date on <br />which the Quali�ed Project Period expires and as set forth on the Summary Page. <br />4832-2986-0106.1 3 <br />
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