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201109462
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201109462
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Last modified
3/7/2012 11:18:54 AM
Creation date
12/16/2011 3:48:28 PM
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DEEDS
Inst Number
201109462
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201109462 <br /> In the event foreclosure proceedings are initiated, the Authority shall receive notice of <br /> such foreclosure no less than 15 days prior to such foreclosure. <br /> (c) Notwithstanding subsections (a) and (b) above, the Code Section 42 rent <br /> requirements shall continue for a period of three years following the termination or <br /> expiration of this Agreement. During such three-year period, the Owner shall not evict or <br /> terminate the tenancy of an existing tenant of any Dwelling Unit other than for good <br /> cause and shall not increase the gross rent above the maximum allowed under Section 42 <br /> of the Code with respect to such Dwelling Unit (the"Vacancy Decontrol Rule"). <br /> (d) If the Project experiences financial trouble it can request a waiver of the <br /> applicable rent restriction stated on the summary page (ii) of this document. The right to <br /> arant a rent restriction 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 30 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 are not limited <br /> to: <br /> (1) Extraordinary changes in operating expenses; <br /> (2) Capital requirements necessary to maintain a safe, sanitary unit, <br /> suitable for occupancy; and <br /> (3) Lender originated changes to financial conditions and debt <br /> arrangement that substantially impacts debt service coverage ratios. <br /> Any dispute of the waiver decision by the Executive Director of the Authority can <br /> be appealed and settled by arbitration. The arbitration board shall consist of the <br /> following mutually acceptable representatives: <br /> (1) A representative selected by the Executive Director of the <br /> Authority; <br /> (2) A representative selected by the Owner of the Project; and <br /> (3) A representative from the American Arbitration Association <br /> (moderator or voting member). <br /> Under no circumstances shall the waiver process provide an opportunity for a <br /> project to deviate from the rent restriction because of improved market conditions or for <br /> any reason other than an increase in the certain county area median income, without the <br /> prior approval of the Executive Director of the Authority. <br /> Section 6. Internal Revenue Service Noti�cation. In the event the Authority discovers <br /> any noncompliance of any provisions hereof, the Authority will immediately give written notice <br /> to the Owner. The Owner shall have 60 days from the date of such notice (the "Correction <br /> Period") to correct such noncompliance. Following the Correction Period, the Authority will file <br />
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