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06-08-2022 Council Packet
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06-08-2022 Council Packet
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73505919v2 <br /> <br /> <br /> 10 <br /> <br />writing, of the occurrence of any such Event of Default hereunder or any event which, with the <br />passage of time or service of notice, or both, would constitute an Event of Default hereunder, <br />specifying the nature and period of existence of such event and the actions being taken or proposed <br />to be taken with respect thereto. Such notice shall be given promptly and in no event longer than <br />10 Business Days after the Borrower receives notice or gains knowledge of the occurrence of any <br />such event. The Borrower further agrees that it will give prompt written notice to a Responsible <br />Officer of the Fiscal Agent and the Funding Lender if insurance proceeds or condemnation awards <br />in excess of $50,000 are received with respect to the Project and are not used to repair or replace <br />the Project, which notice shall state the amount of such proceeds or award. <br />(i) Except as provided in (ii) below, the Borrower shall accept as tenants on the <br />same basis as all other prospective tenants Low Income Tenants who are recipients of <br />federal certificates for rent subsidies pursuant to the existing program under Section 8 of <br />the Housing Act or its successor and shall not apply selection criteria to Section 8 <br />certificate/voucher holders that are more burdensome than the criteria applied to all other <br />prospective tenants. <br />(ii) The Borrower agrees to modify the leases for units in the Project as <br />necessary to allow the rental of Low Income Units to Section 8 certificate/voucher holders. <br />(g) Each lease pertaining to a Low Income Unit shall contain a provision to the effect <br />that the Borrower has relied on the income certification and supporting information supplied by <br />the Low Income Tenant in determining qualification for occupancy of the Low Income Unit and <br />that any material misstatement in such certification (whether or not intentional) will be cause for <br />immediate termination of such lease. <br />(h) Throughout the Qualified Project Period, the Borrower shall re-certify each Low <br />Income Tenant’s income on or before the anniversary of the Low Income Tenant’s tenancy, in any <br />year in which a unit in the Project is occupied by a new resident whose income exceeds the <br />applicable income limit, by obtaining a completed Income Certification. In the event the re- <br />certification demonstrates that any such tenant’s household income exceeds 140% of the <br />applicable income limit, the Borrower shall hold the next available unit or units of comparable or <br />smaller size in the Project available for rental by new Low Income Tenants. <br />The Borrower in its sole discretion may notify, in writing, each tenant who is no longer a <br />Low Income Tenant of such fact, and that the rent of such tenant(s) is subject to increase 30 days <br />after receipt of such notice. The Borrower shall be entitled to so increase any such tenant’s rent <br />only if Borrower complies with any law applicable thereto and only after the Borrower has rented <br />the next available unit or units in the Project on a one-for-one basis to a Low Income Tenant, or <br />holds units vacant and available for occupancy by Low Income Tenants. <br />The Borrower agrees to inform all prospective Low Income Tenants of the requirements <br />for re-certification of income and of the provisions of the preceding paragraph. <br />Section 5. Restrictions Imposed by Minnesota Statutes, Chapter 474A. Because <br />the Note is issued by the Governmental Lender as a residential rental project bond, as defined in <br />Minnesota Statutes, Chapter 474A, as amended (“Chapter 474A”), and the Governmental Lender
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