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NNRHA June 16, 2026 board meeting package

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limits the Agency鈥檚 ability to enforce the terms of the Restrictive Covenants, provided such terms do not conflict with statutory provisions of the National Housing Act or the related regulations. The Borrower represents and warrants that to the best of Borrower鈥檚 knowledge the Restrictive Covenants impose no terms or requirements that conflict with the National Housing Act and related regulations. 4. Notwithstanding anything in the Restrictive Covenants to the contrary, the provisions hereof are expressly subordinate to the HUD Requirements. In the event of foreclosure (or deed in lieu of foreclosure), the Restrictive Covenants (including without limitation, any and all land use covenants and/or restrictions contained herein) shall automatically terminate. 4. Borrower and the Agency acknowledge that Borrower鈥檚 failure to comply with the Restrictive Covenants does not and shall not serve as a basis for default under the HUD Requirements, unless a default also arises under the HUD Requirements. 5. Except for the Agency鈥檚 reporting requirement, in enforcing the Restrictive Covenants the Agency will not file any claim against the Project, the Mortgage Loan proceeds, any reserve or deposit required by HUD in connection with the Security Instrument or HUD Regulatory Agreement, or the rents or other income from the Project other than a claim against: a) available Surplus Cash, if the Borrower is not subject to Residual Receipts restrictions; b) available Residual Receipts authorized for release by HUD, if the Borrower is subject to Residual Receipts restrictions; or c) a HUD-approved collateral assignment of any HAP contract. 7. For so long as the Mortgage Loan is outstanding, Borrower and Agency shall not further amend the Restrictive Covenants, with the exception of clerical, without HUD鈥檚 prior written consent. 8. Subject to the HUD Regulatory Agreement, the Agency may require the Borrower to indemnify and hold the Agency harmless from all loss, cost, damage and expense arising from any claim or proceeding instituted against Agency relating to the subordination and covenants set forth in the Restrictive Covenants, provided, however, that Borrower鈥檚 obligation to indemnify and hold the Agency harmless shall be limited to available Surplus Cash or Residual Receipts of the Borrower. D-4
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