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201107530 MNIS FHA PROJECT NO. 103 - 11045 -NP -REF USE AGREEMENT This Use Agreement entered into this as of the 111h day of October, 2011 by and between Nebraska Association for Developmental Housing, a Nebraska nonprofit corporation (herein called "Owner ") and the Secretary of Housing and Urban Development, acting by and through the Assistant Secretary for Housing - Federal Housing Commissioner (herein called «HUD "), Witnesseth: WHEREAS, Owner owns a multifamily housing project (herein called the "Project "), situated on the property described in Exhibit A attached hereto, subject to mortgage loans identified in HUD's records as Project Nos. 103 -EH007 and 103 -EHO40 (collectively, herein called the "Section 202 Loans ") made by HUD under Section 202 of the Housing Act of 1959, as amended, which mature November 1, 2021 and January 1, 2027, respectively; and WHEREAS, HUD is directed, pursuant to Section 811 of the American Homeownership and Economic Opportunity Act (AHED Act), to permit Owners to prepay Section 202 direct loans; and WHEREAS, in consideration of the promise to permit the prepayment of the Section 202 Loan, and as required by Section 811(a) (1) of AHEO Act the Owner agrees to implement this Use Agreement. NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows: The Owner, for itself, its successors and assigns, covenants with HUD that the Owner will continue to operate the pProject on terms at least as advantageous to existing and future tenants as the terms required by the original Section 202 loan agreements or any Section 8 rental assistance payments contracts or any other rental housing assistance contract and all applicable Federal regulations for not less than the remaining term of the later maturing original Section 202 direct loan, which maturity date is January 1, 2027. HUD will not unreasonably withhold consideration for relief of the rental assistance requirements of the Use Agreement if there is a termination of the rental assistance program and /or no appropriation for the rental assistance program associated with this project; 2. Where applicable: a. Subject to the availability of appropriations and so long as Owner is in compliance with all HUD requirements, including but not limited to this Use Agreement, HUD shall provide the Owner and the Owner shall accept renewals of the Section 8 Housing Assistance Payments contract in accordance with the terms as presented by HUD for renewals of Section 8 contracts at that time.