Common use of RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND Clause in Contracts

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following execution by the Development Owner and the Authority, the Development Owner shall cause this AGREEMENT and all amendments hereto to be recorded and filed in the office of the Circuit Clerk and Ex-Officio Recorder of the County in which the Development is located, and shall pay all fees and charges incurred in connection therewith. Upon recording, the Development Owner shall immediately transmit to the Authority an executed original of the recorded AGREEMENT showing the date, record book and page numbers of record or record of instrument number, as applicable. The Development Owner agrees that the Authority will not issue the Internal Revenue Service Form 8609 constituting final allocation of the Tax Credits unless and until the Authority has received the recorded executed original of this AGREEMENT. (b) The Development Owner intends, declares and covenants on behalf of itself and all future Development Owners or successors in interest of the Development during the term of this AGREEMENT, that this AGREEMENT and the covenants and restrictions set forth in this AGREEMENT regulating and restricting the use, occupancy and transfer of the Development (i) shall be and are covenants running with the Development, encumbering the Development for the term of this AGREEMENT, binding upon the Development Owner’s successors in title and all subsequent Development Owners of the Development, (ii) are not merely personal covenants of the Development Owner, and (iii) shall bind the Development Owner (and the benefits shall inure to the Authority and any past, present or prospective tenant of the Development) and its respective successors and assigns during the term of this AGREEMENT. The Development Owner hereby agrees that any and all requirements of the laws of the State of Arkansas that must be satisfied in order for the provisions of this AGREEMENT to constitute valid restrictions and covenants running with the Development are deemed satisfied in full, and that any requirements or privileges of estate are satisfied, or in the alternative, that an equitable servitude has been created to insure that these restrictions and covenants run with the Development. For the term of this AGREEMENT, each and every contract, deed or other instrument hereafter executed conveying the Development, or any building (or interest therein) a part of the Development, shall expressly state that such conveyance is subject to this AGREEMENT. However, the covenants contained herein shall survive and be effective regardless of whether or not such contract, deed or other instrument hereafter executed conveying the Development states that such conveyance is subject to this AGREEMENT. (c) The Development Owner shall obtain from all lien holders of record on the Development, other than the Authority, and submit with this AGREEMENT, the written consent of each such lien holder, other than the Authority, to the execution of this AGREEMENT and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is a condition precedent to the Authority’s issuance of Internal Revenue Service Form 8609 constituting the final allocation of the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is located.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following the execution of this Declaration by the Development Owner and the Authorityall parties, the Development Owner shall City shall, at its own cost, cause this AGREEMENT Declaration and all amendments hereto to be recorded and filed in the office of the Circuit Clerk and Ex-Officio Recorder of the Brazos County in which the Development is located, and shall pay all fees and charges incurred in connection therewithReal Property Records. Upon recording, the Development Owner City shall immediately transmit to the Authority Project Owner an executed original of the recorded AGREEMENT showing Declaration stamped by the county to show the date, record book volume and page numbers of record or record of instrument number, as applicable. The Development Owner agrees that the Authority will not issue the Internal Revenue Service Form 8609 constituting final allocation of the Tax Credits unless and until the Authority has received the recorded executed original of this AGREEMENTrecord. (b) The Development Project Owner intends, declares and covenants covenants, on behalf of itself and all future Development Owners or successors in interest owners and operators of the Development Project during the term Term of this AGREEMENTDeclaration, that this AGREEMENT Declaration and the covenants and restrictions set forth in this AGREEMENT Declaration regulating and restricting the use, occupancy and transfer of the Development Project (i) shall be and are covenants running with the DevelopmentProject, encumbering the Development Project for the term Term of this AGREEMENT, Declaration and binding upon the Development Project Owner’s 's successors in title and all subsequent Development Owners owners and operators of the Development, (ii) are not merely personal covenants of the Development OwnerProject Land, and (iiiii) shall bind the Development Project Owner (and the benefits shall inure to the Authority City and any past, present or prospective tenant Tenant of the DevelopmentProject) and its respective successors and assigns during the term Term of this AGREEMENTDeclaration. The Development Project Owner hereby agrees that any and all requirements of the laws of the State of Arkansas that must 24 CFR 92.252 to be satisfied in order for the provisions of this AGREEMENT Declaration to constitute valid deed restrictions and covenants running with the Development are land shall be deemed to be satisfied in full, and that any requirements or privileges of estate are intended to be satisfied, or in the alternativealternate, that an equitable servitude has been created to insure that these restrictions and covenants run with the DevelopmentProject. For the term Term of this AGREEMENTDeclaration, each and every contract, deed or other instrument hereafter executed conveying the Development, Project or any building (or interest therein) a part of the Development, portion thereof shall expressly state provide that such conveyance is subject to this AGREEMENT. HoweverDeclaration; provided, however, that the covenants contained herein shall survive and be effective regardless of whether or not such contract, deed or other instrument hereafter executed conveying the Development states Project or portion thereof provides that such conveyance is subject to this AGREEMENTDeclaration. (c) The Development Owner shall obtain from all lien holders of record on the Development, other than the Authority, and submit with this AGREEMENT, the written consent of each such lien holder, other than the Authority, to the execution of this AGREEMENT and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is a condition precedent to the Authority’s issuance of Internal Revenue Service Form 8609 constituting the final allocation of the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is located.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following Upon execution and delivery by the Development Owner and the AuthorityOwner, the Development Owner shall cause this AGREEMENT Agreement and all amendments hereto thereto to be recorded and filed in the office of the Circuit Clerk and Ex-Officio County Recorder or Registrar of Titles, as applicable, of the County county in which the Development Project Land is located, located and shall pay all fees and charges incurred in connection therewith. Upon recording, the Development Owner shall immediately transmit to the Authority Board an executed original of the recorded AGREEMENT Agreement, or a duly certified copy of the executed original, showing the date, record book and page date an document numbers of record or record of instrument number, as applicablerecord. The Development Owner agrees that the Authority Board will not issue the Internal Revenue Service an IRS Form 8609 constituting final allocation of Credits for the Tax Credits Project unless and until the Authority Board has received the recorded executed original original, or a duly certified copy, of this AGREEMENTrecorded Agreement. (b) The Development Owner intends, declares and covenants covenants, on behalf of itself and all future Development Owners or successors in interest owners and operators of the Development Project Land and the Project during the term of this AGREEMENTAgreement, that this AGREEMENT Agreement and the covenants and restrictions set forth herein and in this AGREEMENT the exhibits hereto regulating and restricting the use, occupancy and transfer of the Development Project Land and the Project (i) shall be and are covenants running with the DevelopmentProject Land and the Project, encumbering the Development Project Land and the Project for the term of this AGREEMENTAgreement, binding upon the Development Owner’s successors in title and all subsequent Development Owners owners and operators of the DevelopmentProject Land and the Project, (ii) are not merely personal covenants of the Development Owner, and and (iii) shall bind the Development Owner (and the benefits shall inure to the Authority Board and any past, present or prospective tenant of the DevelopmentProject) and its respective successors and assigns during the term of this AGREEMENTAgreement. The Development Owner hereby agrees that any and all requirements of the laws of the State of Arkansas that must Minnesota to be satisfied in order for the provisions of this AGREEMENT Agreement to constitute valid deed restrictions and covenants running with the Development are land shall be deemed to be satisfied in full, and that any requirements or of privileges of estate are intended to be satisfied, or in the alternativealternate, that an equitable servitude has been created to insure that these restrictions and covenants run with the Developmentland. For the longer of the period that the Credits are claimed or the term of this AGREEMENTAgreement, each and every contract, deed deed, or other instrument hereafter executed conveying the Development, Project Land or any building (the Project or interest therein) a part of the Development, portion thereof shall expressly state provide that such conveyance is subject to this AGREEMENT. HoweverAgreement; provided, however, that the covenants contained herein shall survive and be effective regardless of whether or not such contract, deed deed, or other instrument hereafter executed conveying the Development states Project Land or the Project or portion thereof provides that such conveyance is subject to this AGREEMENTAgreement. (c) The Development Owner shall covenants to obtain from all the consent of any prior recorded lien holders of record on holder for the Development, other than the AuthorityProject to this Agreement, and submit with this AGREEMENT, the written such consent of each such lien holder, other than the Authority, to the execution of this AGREEMENT and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is shall be a condition precedent to the AuthorityBoard’s issuance of Internal Revenue Service the IRS Form 8609 constituting the final allocation of Credits for the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is locatedProject.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following Upon execution and delivery by the Development Owner and the AuthorityOwner, the Development Owner shall cause this AGREEMENT Agreement and all amendments hereto thereto to be recorded and filed in the office of the Circuit Clerk and Ex-Officio County Recorder or Registrar of Titles, as applicable, of the County county in which the Development Project Land is located, located and shall pay all fees and charges incurred in connection therewith. Upon recording, the Development Owner shall immediately transmit to the Authority Board an executed original of the recorded AGREEMENT Agreement, or a duly certified copy of the executed original, showing the date, record book and page date an document numbers of record or record of instrument number, as applicablerecord. The Development Owner agrees that the Authority Board will not issue the Internal Revenue Service an IRS Form 8609 constituting final allocation of Credits for the Tax Credits Project unless and until the Authority Board has received the recorded executed original original, or a duly certified copy, of this AGREEMENT. (b) recorded Agreement. The Development Owner intends, declares and covenants covenants, on behalf of itself and all future Development Owners or successors in interest owners and operators of the Development Project Land and the Project during the term of this AGREEMENTAgreement, that this AGREEMENT Agreement and the covenants and restrictions set forth herein and in this AGREEMENT the exhibits hereto regulating and restricting the use, occupancy and transfer of the Development Project Land and the Project (i) shall be and are covenants running with the DevelopmentProject Land and the Project, encumbering the Development Project Land and the Project for the term of this AGREEMENTAgreement, binding upon the Development Owner’s successors in title and all subsequent Development Owners owners and operators of the DevelopmentProject Land and the Project, (ii) are not merely personal covenants of the Development Owner, and (iii) shall bind the Development Owner (and the benefits shall inure to the Authority Board and any past, present or prospective tenant of the DevelopmentProject) and its respective successors and assigns during the term of this AGREEMENTAgreement. The Development Owner hereby agrees that any and all requirements of the laws of the State of Arkansas that must Minnesota to be satisfied in order for the provisions of this AGREEMENT Agreement to constitute valid deed restrictions and covenants running with the Development are land shall be deemed to be satisfied in full, and that any requirements or of privileges of estate are intended to be satisfied, or in the alternativealternate, that an equitable servitude has been created to insure that these restrictions and covenants run with the Developmentland. For the longer of the period that the Credits are claimed or the term of this AGREEMENTAgreement, each and every contract, deed deed, or other instrument hereafter executed conveying the Development, Project Land or any building (the Project or interest therein) a part of the Development, portion thereof shall expressly state provide that such conveyance is subject to this AGREEMENT. HoweverAgreement; provided, however, that the covenants contained herein shall survive and be effective regardless of whether or not such contract, deed deed, or other instrument hereafter executed conveying the Development states Project Land or the Project or portion thereof provides that such conveyance is subject to this AGREEMENT. (c) Agreement. The Development Owner shall covenants to obtain from all the consent of any prior recorded lien holders of record on holder for the Development, other than the AuthorityProject to this Agreement, and submit with this AGREEMENT, the written such consent of each such lien holder, other than the Authority, to the execution of this AGREEMENT and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is shall be a condition precedent to the AuthorityBoard’s issuance of Internal Revenue Service the IRS Form 8609 constituting the final allocation of Credits for the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is locatedProject.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following Upon execution and delivery by the Development Owner and the AuthorityOwner, the Development Owner shall cause this AGREEMENT Agreement and all amendments hereto thereto to be recorded and filed in the office of the Circuit Clerk and Ex-Officio County Recorder or Registrar of Titles, as applicable, of the County county in which the Development Project Land is located, located and shall pay all fees and charges incurred in connection therewith. Upon recording, the Development Owner shall immediately transmit to the Authority Board an executed original of the recorded AGREEMENT Agreement, or a duly certified copy of the executed original, showing the date, record book date and page document numbers of record or record of instrument number, as applicablerecord. The Development Owner agrees that the Authority Board will not issue IRS Form 8609(s) constituting the Internal Revenue Service Form 8609 constituting final allocation of Credits for the Tax Credits unless and Project until the Authority Board has received the recorded executed original original, or a duly certified copy, of this AGREEMENT. (b) recorded Agreement. The Development Owner intends, declares and covenants covenants, on behalf of itself and all future Development Owners or successors in interest owners and operators of the Development Project Land and the Project that during the term of this AGREEMENTAgreement, that this AGREEMENT Agreement and the covenants and restrictions set forth herein and in this AGREEMENT the Exhibits attached hereto regulating and restricting the use, occupancy and transfer of the Development Project Land and the Project: (i) shall be and are covenants running with the DevelopmentProject Land and the Project, encumbering the Development Project Land and the Project for the term of this AGREEMENTAgreement, binding upon the Development Owner’s successors in title and assigns and all subsequent Development Owners future owners and operators of the DevelopmentProject Land and the Project, (ii) are not merely personal covenants of the Development Owner, and (iii) shall bind the Development Owner (and the benefits shall inure to the Authority Board and any past, present or prospective tenant of the DevelopmentProject) and its respective successors and assigns during the term of this AGREEMENTAgreement. The Development Owner hereby agrees that any and all requirements of the laws of the State of Arkansas that must Minnesota to be satisfied in order for the provisions of this AGREEMENT Agreement to constitute valid deed restrictions and covenants running with the Development are Project Land shall be deemed to be satisfied in full, and that any requirements or of privileges of estate are intended to be satisfied, or in the alternativealternate, that an equitable servitude has been created to insure that these restrictions and covenants run with the DevelopmentProject Land. For the term of this AGREEMENTAgreement, each and every contract, deed deed, or other instrument hereafter executed conveying the Development, Project Land or the Project or any building (or interest therein) a part of the Development, portion thereof shall expressly state provide that such conveyance is subject to this AGREEMENT. HoweverAgreement; provided, however, that the covenants contained herein shall survive and be effective regardless of whether or not such contract, deed deed, or other instrument hereafter executed conveying the Development states Project Land or the Project or any portion thereof provides that such conveyance is subject to this AGREEMENT. (c) Agreement. The Development Owner shall covenants to obtain from all the consent of any prior recorded lien holders of record on holder for the Development, other than the AuthorityProject to this Agreement, and submit with this AGREEMENT, the written such consent of each such lien holder, other than the Authority, to the execution of this AGREEMENT and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is shall be a condition precedent to the AuthorityBoard’s issuance of Internal Revenue Service the IRS Form 8609 8609(s) constituting the final allocation of Credits for the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is locatedProject.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following Upon execution and delivery by the Development Owner and the AuthorityOwner, the Development Owner shall cause deliver this AGREEMENT Agreement and all amendments hereto to HFI or the proximate Council of Government to be recorded and filed in the office Recorder’s Office of the Circuit Clerk and Ex-Officio Recorder of the County county in which the Development Property is located, and shall pay all fees and charges incurred in connection therewith. Upon recording, the Development Owner shall immediately transmit to the Authority an executed original of the recorded AGREEMENT showing the date, record book and page numbers of record or record of instrument number, as applicable. The Development Owner agrees that the Authority will not issue the Internal Revenue Service Form 8609 constituting final allocation of the Tax Credits unless and until the Authority has received the recorded executed original of this AGREEMENT. (b) The Development Owner intends, declares and covenants on behalf of itself and all future Development Owners or successors in interest of the Development during the term of this AGREEMENT, that this AGREEMENT Agreement and the covenants and restrictions set forth in this AGREEMENT Agreement regulating and restricting the use, occupancy and transfer use of the Development Property (i) shall be and are covenants running with the DevelopmentProperty land, encumbering the Development Property for the term of this AGREEMENT, binding upon the Development Owner’s successors in title and all subsequent Development Owners of the DevelopmentAgreement, (ii) are not merely personal covenants of the Development Owner, and (iii) shall bind the Development Owner (and the benefits shall inure to the Authority and any past, present or prospective tenant of the Development) and its respective successors and assigns all Owners during the term of this AGREEMENTAgreement. The Development Owner hereby agrees that any and all requirements of the laws of the State of Arkansas that must Iowa to be satisfied in order for the provisions of this AGREEMENT Agreement to constitute valid deed restrictions and covenants running with the Development are land shall be deemed to be satisfied in full, and that any requirements or of privileges of estate are intended to be satisfied, or in the alternativealternate, that an equitable servitude has been created to insure ensure that these restrictions and covenants run with the Developmentland. For the The term of this AGREEMENTAgreement, each and every contract, deed or other instrument hereafter executed conveying the Development, or any building (or interest therein) a part of the Development, Property shall expressly state provide that such conveyance is subject to this AGREEMENT. HoweverAgreement, provided, however, the covenants contained herein shall survive and be effective regardless of whether or not such contract, deed or other instrument hereafter executed conveying the Development states Property provides that such conveyance is subject to this AGREEMENT. (c) Agreement. The Development Owner shall agrees to obtain from all lien holders the consent of record any present or prior recorded lienholder, if necessary, on the DevelopmentProperty, other than the Authority, and submit with this AGREEMENT, the written consent of each such lien holder, other than the Authoritystill in effect, to the execution of this AGREEMENT Agreement and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is shall be a condition precedent to the Authority’s issuance of Internal Revenue Service Form 8609 constituting the final allocation delivery of the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is locatedHFI House.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following Upon execution and delivery by the Development Owner and the AuthorityOwner, the Development Owner shall cause deliver this AGREEMENT Agreement and all amendments hereto to HFI or the proximate Council of Government to be recorded and filed in the office Recorder’s Office of the Circuit Clerk and Ex-Officio Recorder of the County county in which the Development Property is located, and shall pay all fees and charges incurred in connection therewith. Upon recording, the Development Owner shall immediately transmit to the Authority an executed original of the recorded AGREEMENT showing the date, record book and page numbers of record or record of instrument number, as applicable. The Development Owner agrees that the Authority will not issue the Internal Revenue Service Form 8609 constituting final allocation of the Tax Credits unless and until the Authority has received the recorded executed original of this AGREEMENT. (b) The Development Owner intends, declares and covenants on behalf of itself and all future Development Owners or successors in interest of the Development during the term of this AGREEMENT, that this AGREEMENT Agreement and the covenants and restrictions set forth in this AGREEMENT Agreement regulating and restricting the use, occupancy and transfer use of the Development Property (i) shall be and are covenants running with the DevelopmentProperty land, encumbering the Development Property for the term of this AGREEMENT, binding upon the Development Owner’s successors in title and all subsequent Development Owners of the DevelopmentAgreement, (ii) are not merely personal covenants of the Development Owner, and (iii) shall bind the Development Owner (and the benefits shall inure to the Authority and any past, present or prospective tenant of the Development) and its respective successors and assigns all Owners during the term of this AGREEMENTAgreement. The Development Owner hereby agrees that any and all requirements of the laws of the State of Arkansas that must Iowa to be satisfied in order for the provisions of this AGREEMENT Agreement to constitute valid deed restrictions and covenants running with the Development are land shall be deemed to be satisfied in full, and that any requirements or of privileges of estate are intended to be satisfied, or in the alternativealternate, that an equitable servitude has been created to insure that these restrictions and covenants run with the Developmentland. For the The term of this AGREEMENTAgreement, each and every contract, deed or other instrument hereafter executed conveying the Development, or any building (or interest therein) a part of the Development, Property shall expressly state provide that such conveyance is subject to this AGREEMENT. HoweverAgreement, provided, however, the covenants contained herein shall survive and be effective regardless of whether or not such contract, deed or other instrument hereafter executed conveying the Development states Property provides that such conveyance is subject to this AGREEMENT. (c) Agreement. The Development Owner shall agrees to obtain from all lien holders the consent of record any present or prior recorded lienholder, if necessary, on the DevelopmentProperty, other than the Authority, and submit with this AGREEMENT, the written consent of each such lien holder, other than the Authoritystill in effect, to the execution of this AGREEMENT Agreement and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is shall be a condition precedent to the Authority’s issuance of Internal Revenue Service Form 8609 constituting the final allocation delivery of the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is locatedHFI House.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following execution by the Development Owner and the Authority3.1 Upon execution, the Development Owner Grantor shall cause this AGREEMENT Agreement and all amendments hereto to be recorded and filed in with the office Hampden Registry of the Circuit Clerk and Ex-Officio Recorder of the County in which the Development is located, Deeds and shall pay all fees and charges incurred in connection therewith. Upon recording, the Development Owner Grantor shall immediately transmit to the Authority an executed original DHCD evidence of the recorded AGREEMENT showing recording including the date, record date and instrument number or book and page numbers of record or record of instrument number, as applicablenumbers. The Development Owner Grantor agrees that the Authority DHCD will not issue the Internal Revenue Service Form 8609 constituting final allocation of the Low-Income Housing Tax Credits Credit or a Massachusetts Eligibility Statement constituting final allocation of the State Credit unless and until the Authority DHCD has received a certified copy of the recorded executed original of this AGREEMENTAgreement. (b) 3.2 The Development Owner Grantor intends, declares and covenants covenants, on behalf of itself and all future Development Owners or successors in interest owners and operators of the Development Project Land during the term of this AGREEMENTLow-Income Tenant Rental Period, that this AGREEMENT Agreement and the covenants and restrictions set forth in this AGREEMENT Agreement regulating and restricting the use, occupancy and transfer of the Development Project Land and the Project (i) shall be and are covenants running with the DevelopmentProject Land, encumbering the Development Project Land for the term of this AGREEMENTLow-Income Tenant Rental Period, binding upon the Development Owner’s Grantor's successors in title and all subsequent Development Owners owners and operators of the DevelopmentProject Land, (ii) are not merely personal covenants of the Development OwnerGrantor, and (iiiiii ) shall bind the Development Owner Grantor (and the benefits shall inure to the Authority DHCD and any past, present or prospective tenant of the DevelopmentProject) and its respective successors and assigns during the term of this AGREEMENTLow-Income Tenant Rental Period. The Development Owner restrictions contained herein are intended to be construed as an affordable housing restriction as that term is defined in Section 31 of Chapter 184 of the Massachusetts General Laws, and which has the benefit of Section 32 of said Chapter 184, such that the restrictions contained herein shall not be limited in duration by any rule or operation of law but rather shall run for the full Low-Income Tenant Rental Period. The Grantor hereby agrees that any and all requirements of the laws of the State The Commonwealth of Arkansas that must Massachusetts to be satisfied in order for the provisions of this AGREEMENT Agreement to constitute valid deed restrictions and covenants running with the Development are land shall be deemed to be satisfied in full, and that any requirements or privileges of privity of estate are intended to be satisfied, or in the alternativealternate, that an equitable servitude has been created to insure ensure that these restrictions and covenants run with the Developmentland. For the term longer of this AGREEMENTthe period the Low-Income Housing Tax Credit is claimed or the Low-Income Tenant Rental Period, each and every contract, deed or other instrument hereafter executed conveying the Development, Project or any building (or interest therein) a part of the Development, portion thereof shall expressly state provide that such conveyance is subject to this AGREEMENT. HoweverAgreement, provided, however, that the covenants contained herein shall survive and be effective regardless of whether or not such contract, deed or other instrument hereafter executed conveying the Development states Project or portion thereof provides that such conveyance is subject to this AGREEMENTAgreement. (c) The Development Owner shall obtain from all lien holders of record on the Development, other than the Authority, and submit with this AGREEMENT, the written consent of each such lien holder, other than the Authority, to the execution of this AGREEMENT and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is a condition precedent to the Authority’s issuance of Internal Revenue Service Form 8609 constituting the final allocation of the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is located.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following execution by the Development Owner and the Authority, the Development Owner shall cause this AGREEMENT and all amendments hereto to be recorded and filed in the office of the Circuit Clerk and Ex-Officio Recorder of the County in which the Development is located, and shall pay all fees and charges incurred in connection therewith. Upon recording, the Development Owner shall immediately transmit to the Authority an executed original of the recorded AGREEMENT showing the date, record book and page numbers of record or record of instrument number, as applicable. The Development Owner agrees that the Authority will not issue the Internal Revenue Service Form 8609 constituting final allocation of the Tax Credits unless and until the Authority has received the recorded executed original of this AGREEMENT. (b) The Development Owner intends, declares and covenants on behalf of itself and all future Development Owners or successors in interest of the Development during the term of this AGREEMENT, that this AGREEMENT and the covenants and restrictions set forth in this AGREEMENT regulating and restricting the use, occupancy and transfer of the Development (i) shall be and are covenants running with the Development, encumbering the Development for the term of this AGREEMENT, binding upon the Development Owner’s successors in title and all subsequent Development Owners of the Development, , (ii) are not merely personal covenants of the Development Owner, and (iii) shall bind the Development Owner (and the benefits shall inure to the Authority and any past, present or prospective tenant of the Development) and its respective successors and assigns during the term of this AGREEMENT. The Development Owner hereby agrees that any and all requirements of the laws of the State of Arkansas that must be satisfied in order for the provisions of this AGREEMENT to constitute valid restrictions and covenants running with the Development are deemed satisfied in full, and that any requirements or privileges of estate are satisfied, or in the alternative, that an equitable servitude has been created to insure that these restrictions and covenants run with the Development. For the term of this AGREEMENT, each and every contract, deed or other instrument hereafter executed conveying the Development, or any building (or interest therein) a part of the Development, shall expressly state that such conveyance is subject to this AGREEMENT. However, the covenants contained herein shall survive and be effective regardless of whether or not such contract, deed or other instrument hereafter executed conveying the Development states that such conveyance is subject to this AGREEMENT. (c) The Development Owner shall obtain from all lien holders of record on the Development, other than the Authority, and submit with this AGREEMENT, the written consent of each such lien holder, other than the Authority, to the execution of this AGREEMENT and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is a condition precedent to the Authority’s issuance of Internal Revenue Service Form 8609 constituting the final allocation of the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is located.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following 1. Upon execution of this Covenant by the Development Owner and the AuthorityGRANTOR, the Development Owner GRANTOR shall cause this AGREEMENT Covenant and all amendments hereto to be recorded and filed in the office of the Circuit Clerk and Ex-Officio Recorder of the Whatcom County in which the Development is located, and Auditor’s Office. GRANTOR shall pay all fees and charges incurred in connection therewith. Upon recording, the Development Owner shall immediately transmit to the Authority an executed original of the recorded AGREEMENT showing the date, record book and page numbers of record or record of instrument number, as applicable. The Development Owner agrees that the Authority will not issue the Internal Revenue Service Form 8609 constituting final allocation of the Tax Credits unless and until the Authority has received the recorded executed original of this AGREEMENT. (b) The Development Owner 2. GRANTOR intends, declares and covenants Covenants, on behalf of itself and all future Development Owners or successors in interest owners of the Development PROPERTY during the term of this AGREEMENTCovenant, that this AGREEMENT Covenant and the covenants Covenants and restrictions set forth in this AGREEMENT Covenant regulating and restricting the use, occupancy and transfer of the Development (i) shall be and are covenants PROPERTY shall 2.1. constitute Covenants running with the Developmentland, encumbering the Development PROPERTY for the term of this AGREEMENTCovenant, binding upon the Development Owner’s GRANTOR and XXXXXXX'S successors in title and all subsequent Development Owners owners of the Development, (ii) are PROPERTY and not merely personal covenants Covenants of the Development Owner, and (iii) shall GRANTOR; and 2.2. bind the Development Owner GRANTOR (and the benefits shall inure to the Authority County and any past, present or prospective tenant owner of the DevelopmentPROPERTY) and its XXXXXXX’S respective successors and assigns during the term of this AGREEMENTCovenant. 3. The Development Owner GRANTOR hereby agrees that any and all requirements of the laws of the State of Arkansas that must be satisfied in order for the provisions of this AGREEMENT to constitute valid restrictions and covenants running with the Development are deemed satisfied in full, and that any requirements or privileges of estate are intended to be satisfied, or in the alternativealternate, that an equitable servitude has been created to insure ensure that these restrictions and covenants run with the Developmentland. For the term of this AGREEMENTCovenant, each and every contract, deed or other instrument hereafter executed conveying the Development, PROPERTY or any building (or interest therein) a part of the Development, portion thereof shall expressly state provide that such conveyance is subject to this AGREEMENT. HoweverCovenant, provided, however, the covenants Covenants contained herein shall survive and be effective regardless of whether or not such contractcontracts, deed deed, or other instrument hereafter executed conveying the Development states PROPERTY or portion thereof provides that such conveyance is subject to this AGREEMENT. (c) The Development Owner shall obtain from all lien holders of record on the Development, other than the Authority, and submit with this AGREEMENT, the written consent of each such lien holder, other than the Authority, to the execution of this AGREEMENT and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is a condition precedent to the Authority’s issuance of Internal Revenue Service Form 8609 constituting the final allocation of the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is located.Covenant

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following execution by the Development Owner and the Authority3.1 Upon execution, the Development Owner Grantor shall cause this AGREEMENT Agreement and all amendments hereto to be recorded and filed in with the office Hampden Registry of the Circuit Clerk and Ex-Officio Recorder of the County in which the Development is located, Deeds and shall pay all fees and charges incurred in connection therewith. Upon recording, the Development Owner Grantor shall immediately transmit transmi t to the Authority an executed original DHCD evidence of the recorded AGREEMENT showing recording including the date, record date and instrument number or book and page numbers of record or record of instrument number, as applicablenumbers. The Development Owner Grantor agrees that the Authority DHCD will not issue the Internal Revenue Service Form 8609 constituting final allocation of the Low-Income Housing Tax Credits Credit unless and until the Authority DHCD has received a certified copy of the recorded executed original of this AGREEMENTAgreement. (b) 3.2 The Development Owner Grantor intends, declares and covenants covenants, on behalf of itself and all future Development Owners or successors in interest owners and operators of the Development Project Land during the term of this AGREEMENTLow-Income Tenant Rental Period, that this AGREEMENT Agreement and the covenants and restrictions set forth in this AGREEMENT Agreement regulating and restricting the use, occupancy and transfer of the Development Project Land and the Project (i) shall be and are covenants running with the DevelopmentProject Land, encumbering the Development Project Land for the term of this AGREEMENTLow-Income Tenant Rental Period, binding upon the Development Owner’s Grantor's successors in title and all subsequent Development Owners owners and operators of the DevelopmentProject Land, (ii) are not merely personal covenants of the Development OwnerGrantor, and (iii) shall bind the Development Owner Grantor (and the benefits shall inure to the Authority DHCD and any past, present or prospective tenant of the DevelopmentProject) and its respective successors and assigns during the term of this AGREEMENTLow-Income Tenant Rental Period. The Development Owner restrictions contained herein are intended to be construed as an affordable housing restriction as that term is defined in Section 31 of Chapter 184 of the Massachusetts General Laws, and which has the benefit of Section 32 of said Chapter 184, such that the restrictions contained herein shall not be limited in duration by any rule or operat ion of law but rather shall run for the full Low-Income Tenant Rental Period. The Grantor hereby agrees that any and all requirements of the laws of the State The Commonwealth of Arkansas that must Massachusetts to be satisfied in order for the provisions of this AGREEMENT Agreement to constitute valid deed restrictions and covenants running with the Development are land shall be deemed to be satisfied in full, and that any requirements or privileges of privity of estate are intended to be satisfied, or in the alternativealternate, that an equitable servitude has been created to insure ensure that these restrictions and covenants run with the Developmentland. For the term longer of this AGREEMENTthe period the Low-Income Housing Tax Credit is claimed or the Low-Income Tenant Rental Period, each and every contract, deed or other instrument hereafter executed conveying the Development, Project or any building (or interest therein) a part of the Development, portion thereof shall expressly state provide that such conveyance is subject to this AGREEMENT. HoweverAgreement, provided, however, that the covenants contained herein shall survive and be effective regardless of whether or not such contract, deed or other instrument hereafter executed conveying the Development states that such conveyance is subject to this AGREEMENT. (c) The Development Owner shall obtain from all lien holders of record on the Development, other than the Authority, and submit with this AGREEMENT, the written consent of each such lien holder, other than the Authority, to the execution of this AGREEMENT and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is a condition precedent to the Authority’s issuance of Internal Revenue Service Form 8609 constituting the final allocation of the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is located.,

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following execution by the Development Owner and the AuthorityUpon execution, the Development Owner shall cause this AGREEMENT Agreement and all amendments hereto to be recorded and filed in the office County Registry of the Circuit Clerk and Ex-Officio Recorder of the County in which the Development is located, Deeds and shall pay all fees and charges incurred in connection therewith. Upon recording, the Development Owner shall immediately transmit to the Authority an executed original DHCD evidence of the recorded AGREEMENT showing recording including the date, record date and instrument number or deed book and page numbers of record or record of instrument number, as applicablenumbers. The Development Owner agrees that the Authority DHCD will not issue the Internal Revenue Service Form 8609 constituting final allocation of the Low-Income Tax Credits Credit unless and until the Authority DHCD has received a certified copy of the recorded executed original of this AGREEMENTAgreement. (b) The Development Owner intends, declares and covenants covenants, on behalf of itself and all future Development Owners or successors in interest owners and operators of the Development Project Land during the term of this AGREEMENTAgreement, that this AGREEMENT Agreement and the covenants and restrictions set forth in this AGREEMENT Agreement regulating and restricting the use, occupancy and transfer of the Development Project Land and the Project (i) shall be and are covenants running with the DevelopmentProject Land, encumbering the Development Project Land for the term of this AGREEMENTAgreement, binding upon the Development Owner’s 's successors in title and all subsequent Development Owners owners and operators of the DevelopmentProject Land, (ii) are not merely personal covenants of the Development Owner, and (iii) shall bind the Development Owner (and the benefits shall inure to the Authority DHCD and any past, present or prospective tenant of the DevelopmentProject) and its respective successors and assigns during the term of this AGREEMENTAgreement. The Development restrictions contained herein are intended to be construed as an affordable housing restriction as that term is defined in Section 31 of Chapter 184 of the Massachusetts General Laws, and which has the benefit of Section 32 of said Chapter 184, such that the restrictions contained herein shall not be limited in duration by any rule or operation of law but rather shall run for the full term hereof. The Owner hereby agrees that any and all requirements of the laws of the State Commonwealth of Arkansas that must Massachusetts to be satisfied in order for the provisions of this AGREEMENT Agreement to constitute valid deed restrictions and covenants running with the Development are land shall be deemed to be satisfied in full, and that any requirements or privileges of privity of estate are intended to be satisfied, or in the alternativealternate, that an equitable servitude has been created to insure that these restrictions and covenants run with the Developmentland. For the longer of the period the Low-Income Tax Credit is claimed or the term of this AGREEMENTAgreement, each and every contract, deed or other instrument hereafter executed conveying the Development, Project or any building (or interest therein) a part of the Development, portion thereof shall expressly state provide that such conveyance is subject to this AGREEMENT. HoweverAgreement, provided, however, that the covenants contained herein shall survive and be effective regardless of whether or not such contract, deed or other instrument hereafter executed conveying the Development states Project or portion thereof provides that such conveyance is subject to this AGREEMENTAgreement. (c) The Development Owner shall covenants to obtain from all lien holders the consent of record any prior recorded lienholder on the Development, other than the Authority, Project to this Agreement and submit with this AGREEMENT, the written such consent of each such lien holder, other than the Authority, to the execution of this AGREEMENT and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is shall be a condition precedent to the Authority’s issuance of Internal Revenue Service Form 8609 constituting the final allocation of the Low-Income Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is locatedCredit.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following Upon execution and delivery by the Development Owner, Owner and the Authority, the Development Owner shall will cause this AGREEMENT Agreement and all amendments hereto thereto to be recorded and filed in the office of the Circuit Clerk and Ex-Officio County Recorder and/or Registrar of Titles of the County county in which the Development Project Land is located, located and shall will pay all fees and charges incurred in connection therewithwith recording. Upon recording, the Development Owner shall will immediately transmit to the Authority Minnesota Housing an executed original of the recorded AGREEMENT Agreement, or a duly certified copy of the executed original, showing the date, record book date and page document numbers of record or record of instrument number, as applicablerecord. The Development Owner agrees that the Authority Minnesota Housing will not issue the Internal Revenue Service an IRS Form 8609 constituting final allocation or award of the Tax Credits HTCs for the Project unless and until the Authority Minnesota Housing has received the recorded executed original original, or a duly certified copy, of this AGREEMENTAgreement as recorded. (b) The Development Owner intends, declares and covenants covenants, on behalf of itself and all future Development Owners or successors in interest owners and operators of the Development Project Land and the Project during the term of this AGREEMENTAgreement, that this AGREEMENT and Agreement, including the covenants and restrictions set forth in this AGREEMENT and the exhibits, regulating and restricting the use, occupancy and transfer of the Development Project Land and the Project: (i) shall will be and are covenants running with the DevelopmentProject Land, encumbering the Development Project Land for the term of this AGREEMENTAgreement, binding upon the Development Owner’s successors in title and all subsequent Development Owners owners and operators of the DevelopmentProject Land, (ii) are not merely personal covenants of the Development Owner, ; and (iii) shall will bind the Development Owner (and the benefits shall will inure to the Authority Minnesota Housing and any past, present or prospective tenant of the DevelopmentProject) and its respective successors and assigns during the term of this AGREEMENTAgreement. The Development Owner hereby agrees that any and all requirements of the laws of the State state of Arkansas that must Minnesota to be satisfied in order for the provisions of this AGREEMENT Agreement to constitute valid deed restrictions and covenants running with the Development are land will be deemed to be satisfied in full, and that any requirements or of privileges of estate are intended to be satisfied, or in the alternativealternate, that an equitable servitude has been created to insure that these restrictions and covenants run with the Developmentland. For the longer of the period that the HTCs are claimed or the term of this AGREEMENTAgreement, each and every contract, deed deed, or other instrument hereafter executed conveying the Development, Project Land or any building (or interest therein) a part of the Developmentportion, shall will expressly state provide that such conveyance is subject to this AGREEMENT. HoweverAgreement; provided, however, that the covenants contained herein shall in will survive and be effective regardless of whether or not such contract, deed or other instrument hereafter executed conveying the Development states Project Land or any portion thereof provides that such conveyance is subject to this AGREEMENTAgreement. (c) The Development Owner shall covenants to obtain from all the consent of any prior recorded lien holders of record on holder for the Development, other than the AuthorityProject to this Agreement, and submit with this AGREEMENT, the written such consent of each such lien holder, other than the Authority, to the execution of this AGREEMENT and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is will be a condition precedent to the AuthorityMinnesota Housing’s issuance of Internal Revenue Service the IRS Form 8609 constituting the final allocation of HTCs for the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is locatedProject.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following Upon execution and delivery by the Development Owner and the AuthorityHomeowner, the Development Owner Homeowner shall cause deliver this AGREEMENT Agreement and all amendments hereto to HFI to be recorded and filed in the office Recorder’s Office of the Circuit Clerk and Ex-Officio Recorder of the County county in which the Development Property is located, and shall pay all fees and charges incurred in connection therewith. Upon recording, the Development Owner shall immediately transmit to the Authority an executed original of the recorded AGREEMENT showing the date, record book and page numbers of record or record of instrument number, as applicable. The Development Owner agrees that the Authority will not issue the Internal Revenue Service Form 8609 constituting final allocation of the Tax Credits unless and until the Authority has received the recorded executed original of this AGREEMENT. (b) The Development Owner Homeowner intends, declares and covenants on behalf of itself and all future Development Owners or successors in interest of the Development during the term of this AGREEMENT, that this AGREEMENT Agreement and the covenants and restrictions set forth in this AGREEMENT Agreement regulating and restricting the use, occupancy and transfer use of the Development Property (i) shall be and are covenants running with the DevelopmentProperty land, encumbering the Development Property for the term of this AGREEMENT, binding upon the Development Owner’s successors in title and all subsequent Development Owners of the DevelopmentAgreement, (ii) are not merely personal covenants of the Development OwnerHomeowner, and (iii) shall bind the Development Owner (and the benefits shall inure to the Authority and any past, present or prospective tenant of the Development) and its respective successors and assigns Homeowner during the term of this AGREEMENTAgreement. The Development Owner Homeowner hereby agrees that any and all requirements of the laws of the State of Arkansas that must Iowa to be satisfied in order for the provisions of this AGREEMENT Agreement to constitute valid deed restrictions and covenants running with the Development are land shall be deemed to be satisfied in full, and that any requirements or of privileges of estate are intended to be satisfied, or in the alternativealternate, that an equitable servitude has been created to insure that these restrictions and covenants run with the Developmentland. For the The term of this AGREEMENTAgreement, each and every contract, deed or other instrument hereafter executed conveying the Development, or any building (or interest therein) a part of the Development, Property shall expressly state provide that such conveyance is subject to this AGREEMENT. HoweverAgreement, provided, however, the covenants contained herein shall survive and be effective regardless of whether or not such contract, deed or other instrument hereafter executed conveying the Development states Property provides that such conveyance is subject to this AGREEMENT. (c) Agreement. The Development Owner shall Homeowner covenants to obtain from all lien holders the consent of record any present or prior recorded lienholder on the DevelopmentProperty, other than the Authority, and submit with this AGREEMENT, the written consent of each such lien holder, other than the Authoritystill in effect, to the execution of this AGREEMENT Agreement and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is shall be a condition precedent to the Authority’s issuance of Internal Revenue Service Form 8609 constituting the final allocation delivery of the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is locatedHFI House.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following Upon execution and delivery by the Development Owner Borrower and the AuthorityCDA, the Development Owner Borrower shall cause this AGREEMENT and all amendments hereto Agreement to be recorded and filed in the office official public land deed records of the Circuit Clerk and Ex-Officio Recorder of the County in which the Development is located, City and shall pay all fees and charges incurred in connection therewithwith such recording. Upon recordingforeclosure of the Property by a lender or other transfer in lieu of foreclosure, the Development Owner restrictions hereunder shall immediately transmit terminate. However, the affordability restrictions shall again spring into effect subsequent to foreclosure and during the Authority an executed original remaining term of the recorded AGREEMENT showing Affordability Period hereof, if following such foreclosure or transfer in lieu of foreclosure, the date, record book and page numbers Borrower of record before such foreclosure or record transfer in lieu of instrument numberforeclosure, as applicable. The Development Owner agrees or any entity that includes the Authority will not issue former Borrower or those with whom the Internal Revenue Service Form 8609 constituting final allocation of former Borrower has or had family or business ties, obtains an ownership interest in the Tax Credits unless and until the Authority has received the recorded executed original of this AGREEMENTProperty. (b) The Development Owner Borrower intends, declares and covenants on behalf of itself and all future Development Owners or successors in interest of the Development that during the term Affordability Period of this AGREEMENTAgreement, that this AGREEMENT and the covenants and restrictions set forth in this AGREEMENT herein regulating and restricting the use, use and occupancy and transfer of the Development Property (i) shall be and are covenants running with the Developmentland and improvements, encumbering the Development Property for the term of the Affordability Period of this AGREEMENT, Agreement and shall be binding upon the Development Owner’s successors in title and all subsequent Development Owners of the DevelopmentBorrower. Further, (ii) are not merely personal covenants of the Development Owner, and (iii) shall bind the Development Owner (and the benefits shall inure to the Authority and any past, present or prospective tenant of the Development) and its respective successors and assigns during the term of this AGREEMENT. The Development Owner Xxxxxxxx hereby agrees that any and all requirements of the laws of the State of Arkansas that must Missouri to be satisfied in order for the provisions of this AGREEMENT Agreement to constitute valid deed restrictions and covenants running with the Development are land shall be deemed to be satisfied in full, and that any requirements or privileges of estate are intended to be satisfied, or in the alternativealternate, that an the equitable servitude has been created to insure that these restrictions and covenants run with the Development. For land for the term of this AGREEMENT, each and every contract, deed or other instrument hereafter executed conveying the Development, or any building (or interest therein) a part of the Development, shall expressly state that such conveyance is subject to this AGREEMENT. However, the covenants contained herein shall survive and be effective regardless of whether or not such contract, deed or other instrument hereafter executed conveying the Development states that such conveyance is subject to this AGREEMENTAgreement. (c) The Development Owner shall obtain from all lien holders of record on the Development, other than the Authority, and submit with this AGREEMENT, the written consent of each such lien holder, other than the Authority, to the execution of this AGREEMENT and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is a condition precedent to the Authority’s issuance of Internal Revenue Service Form 8609 constituting the final allocation of the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is located.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following Upon execution and delivery by the Development Owner and the AuthorityOwner, the Development Owner shall cause this AGREEMENT Agreement and all amendments hereto to be recorded and filed in with the office of the Circuit Clerk and Ex-Officio County Recorder of the County county in which the Development Project is located, and shall pay all fees and charges incurred in connection therewith. Upon recording, the Development Owner shall immediately transmit to the Authority MHFA an executed original of the recorded AGREEMENT Agreement showing the date, record book date and page document numbers of record record, or record a duly certified copy of instrument number, as applicablethe executed original. The Development Owner agrees that the Authority MHFA will not issue the Internal Revenue Service Form 8609 constituting final allocation of the Tax Credits Credit unless and until the Authority MHFA has received the recorded executed original original, or a duly certified copy, of this AGREEMENTthe Agreement as recorded. (b) The Development Owner intends, declares and covenants covenants, on behalf of itself and all future Development Owners or successors in interest and operators of the Development Project Land during the term of this AGREEMENTAgreement, that this AGREEMENT Agreement and the covenants and restrictions set forth in this AGREEMENT Agreement and exhibits hereto regulating and restricting the use, occupancy and transfer of the Development Project Land and the Project (i) shall be and are covenants running with the DevelopmentProject Land, encumbering the Development Project Land for the term of this AGREEMENTAgreement, binding upon the Development Owner’s 's successors in title and all subsequent Development Owners and Operators of the DevelopmentProject Land, (ii) are not merely personal covenants of the Development Owner, and (iii) shall bind the Development Owner (and the benefits shall inure to the Authority MHFA and any past, present or prospective tenant of the DevelopmentProject) and its respective successors and assigns during the term of this AGREEMENTAgreement. The Development Owner hereby agrees that any and all requirements of the laws of the State of Arkansas that must Minnesota to be satisfied in order for the provisions of this AGREEMENT Agreement to constitute valid deed restrictions and covenants running with the Development are land shall be deemed to be satisfied in full, and that any requirements or of privileges of estate are intended to be satisfied, or in the alternativealternate, that an equitable servitude has been created to insure that these restrictions and covenants run with the Developmentland. For the longer of the period this Credit is claimed or the term of this AGREEMENTAgreement, each and every contract, deed or other instrument hereafter executed conveying the Development, Project or any building (or interest therein) a part of the Development, portion thereof shall expressly state provide that such conveyance is subject to this AGREEMENT. HoweverAgreement, provided, however, the covenants contained herein shall survive and be effective regardless of whether or not such contract, deed or other instrument hereafter executed conveying the Development states Project or portion thereof provides that such conveyance is subject to this AGREEMENTAgreement. (c) The Development Owner shall covenants to obtain from all lien holders of record on the Development, other than the Authority, and submit with this AGREEMENT, the written consent of each any prior recorded lienholder for the Project to this Agreement and such lien holder, other than the Authority, to the execution of this AGREEMENT and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is shall be a condition precedent to the Authority’s issuance of Internal Revenue Service Form 8609 constituting the final allocation of the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is locatedCredit.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Following Upon execution and delivery by the Development Owner and the AuthorityOwner, the Development Owner shall cause this AGREEMENT Agreement and all amendments hereto thereto to be recorded and filed in the office of the Circuit Clerk and Ex-Officio County Recorder or Registrar of Titles, as applicable, of the County county in which the Development Project Land is located, located and shall pay all fees and charges incurred in connection therewith. Upon recording, the Development Owner shall immediately transmit to the Authority Board an executed original of the recorded AGREEMENT Agreement, or a duly certified copy of the executed original, showing the date, record book date and page document numbers of record or record of instrument number, as applicablerecord. The Development Owner agrees that the Authority Board will not issue IRS Form 8609(s) constituting the Internal Revenue Service Form 8609 constituting final allocation of Credits for the Tax Credits unless and Project until the Authority Board has received the recorded executed original original, or a duly certified copy, of this AGREEMENTrecorded Agreement. (b) The Development Owner intends, declares and covenants covenants, on behalf of itself and all future Development Owners or successors in interest owners and operators of the Development Project Land and the Project that during the term of this AGREEMENTAgreement, that this AGREEMENT Agreement and the covenants and restrictions set forth herein and in this AGREEMENT the Exhibits attached hereto regulating and restricting the use, occupancy and transfer of the Development Project Land and the Project: (i) shall be and are covenants running with the DevelopmentProject Land and the Project, encumbering the Development Project Land and the Project for the term of this AGREEMENTAgreement, binding upon the Development Owner’s successors in title and assigns and all subsequent Development Owners future owners and operators of the DevelopmentProject Land and the Project, (ii) are not merely personal covenants of the Development Owner, and and (iii) shall bind the Development Owner (and the benefits shall inure to the Authority Board and any past, present or prospective tenant of the DevelopmentProject) and its respective successors and assigns during the term of this AGREEMENTAgreement. The Development Owner hereby agrees that any and all requirements of the laws of the State of Arkansas that must Minnesota to be satisfied in order for the provisions of this AGREEMENT Agreement to constitute valid deed restrictions and covenants running with the Development are Project Land shall be deemed to be satisfied in full, and that any requirements or of privileges of estate are intended to be satisfied, or in the alternativealternate, that an equitable servitude has been created to insure that these restrictions and covenants run with the DevelopmentProject Land. For the term of this AGREEMENTAgreement, each and every contract, deed deed, or other instrument hereafter executed conveying the Development, Project Land or the Project or any building (or interest therein) a part of the Development, portion thereof shall expressly state provide that such conveyance is subject to this AGREEMENT. HoweverAgreement; provided, however, that the covenants contained herein shall survive and be effective regardless of whether or not such contract, deed deed, or other instrument hereafter executed conveying the Development states Project Land or the Project or any portion thereof provides that such conveyance is subject to this AGREEMENTAgreement. (c) The Development Owner shall covenants to obtain from all the consent of any prior recorded lien holders of record on holder for the Development, other than the AuthorityProject to this Agreement, and submit with this AGREEMENT, the written such consent of each such lien holder, other than the Authority, to the execution of this AGREEMENT and to the subordination of its lien(s) to the rights and interests established pursuant to Section 42(h)(6)(E)(ii) of the Code as detailed in subsection 5(c) herein. The Development Owner agrees that such written consent is shall be a condition precedent to the AuthorityBoard’s issuance of Internal Revenue Service the IRS Form 8609 8609(s) constituting the final allocation of Credits for the Tax Credits. The Development Owner represents and warrants that attached hereto and incorporated herein as Exhibit B is an executed and acknowledged Xxxx Xxxxxx’x Consent for each lien holder, if any, other than the Authority, existing the date this AGREEMENT is filed of record in the county in which the Development is locatedProject.