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<br />23
<br />516911v4 JAE MU205-47
<br />ARTICLE X
<br />
<br />Additional Provisions
<br />
<br />
<br />Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable. The
<br />Authority and the Developer, to the best of their respective knowledge, represent and agree that no
<br />member, official, or employee of the Authority has any personal interest, direct or indirect, in the
<br />Agreement, nor has any member, official, or employee participated in any decision relating to the
<br />Agreement which affects his or her personal interests or the interests of any corporation, partnership, or
<br />association in which he or she is, directly or indirectly, interested. No member, official, or employee of
<br />the Authority will be personally liable to the Developer, or any successor in interest, in the event of any
<br />default or breach by the Authority or for any amount which may become due to the Developer or any
<br />successor or on any obligations under the terms of the Agreement.
<br />
<br />Section 10.2. Equal Employment Opportunity. The Developer, for itself and its successors and
<br />assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement
<br />it will comply with all applicable federal, state and local equal employment and non-discrimination laws
<br />and regulations.
<br />
<br />Section 10.3. Restrictions on Use. The Developer agrees that, prior to the Maturity Date, the
<br />Developer, and such successors and assigns, shall use the Development Property solely for the development
<br />of multifamily housing in accordance with the terms of this Agreement, and shall not discriminate upon the
<br />basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the
<br />Development Property or any improvements erected or to be erected thereon, or any part thereof.
<br />
<br />Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are
<br />intended to or will be merged by reason of any deed transferring any interest in the Development Property
<br />and any deed will not be deemed to affect or impair the provisions and covenants of this Agreement.
<br />
<br />Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and
<br />Sections of the Agreement are inserted for convenience of reference only and will be disregarded in
<br />construing or interpreting any of its provisions.
<br />
<br />Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement,
<br />a notice, demand, or other communication under the Agreement by either party to the other will be
<br />sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return
<br />receipt requested, or delivered personally; and
<br />
<br />(a) in the case of the Developer, is addressed to or delivered personally to the Developer at
<br />7645 Lyndale Avenue South, Minneapolis, MN 55423, Attn: Christopher J. Stokka; with copies to: Wells
<br />Fargo Affordable Housing Community Development Corporation, MAC D1053 - 301 South College
<br />Street, 17th Floor, Charlotte, NC 28280, Attn: Director of Asset Management; and Winthrop & Weinstine,
<br />P.A., 225 South Sixth Street, Suite 3500, Minneapolis, MN 55402, Attn: Jeff Koerselman;
<br />
<br />(b) in the case of the Authority, is addressed to or delivered personally to the Authority at
<br />Mounds View Economic Development Authority, 2401 Mounds View Boulevard, Mounds View,
<br />Minnesota 55112, Attn: Business Development Coordinator; and
<br />
<br />(c) in the case of the Lender, is addressed to or delivered personally to the Lender at
<br />Minnesota Housing Finance Agency, 400 Wabasha Street North, Suite 400, St. Paul, Minnesota 55102.
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