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NNRHA June 16, 2026 board meeting package

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Section 7.4 Agreement to Pay Attorneys’ Fees and Expenses. As further provided in Section 4.2 hereof, if the Issuer or the Trustee should incur expenses, including attorneys’ fees, in connection with the enforcement of this Loan Agreement, the Regulatory Agreement, or the Promissory Note or the collection of sums due thereunder, the Borrower shall reimburse the Issuer and the Trustee, as applicable, for the expenses so incurred upon demand. Section 7.5 No Waiver. No failure by the Issuer or the Trustee to insist upon the strict performance by the Borrower of any provision hereof shall constitute a waiver of their right to strict performance and no express waiver shall be deemed to apply to any other existing or subsequent right to remedy the failure by the Borrower to observe or comply with any provision hereof. Section 7.6 Notice of Default. The Borrower shall notify the Trustee immediately if it becomes aware of the occurrence of any Event of Default hereunder or of any fact, condition or event which, with the giving of notice or passage of time or both, would become an Event of Default. Section 7.7 Investor Limited Partners’ Cure Rights. The Issuer hereby agrees that any cure of any Event of Default hereunder made or tendered by the Federal Investor Limited Partner or the State Historic Tax Credit Equity Investor shall be deemed to be cured by the Borrower and shall be accepted or rejected by the Issuer on the same basis as if made or tendered by the Borrower. ARTICLE VIII MISCELLANEOUS Section 8.1 Term of Agreement. This Loan Agreement shall be and remain in full force and effect from the date of delivery of the Bonds to the Holder until such time as all of the Bonds shall have been fully paid (or provision made for such payment) pursuant to the Indenture and all other sums payable by the Borrower under this Loan Agreement and the Promissory Note shall have been paid, except for obligations of the Borrower under Sections 3.9, 4.2, and 5.3 hereof, which shall survive any termination of this Loan Agreement. Section 8.2 Amounts Remaining in Funds. Any amounts in the Bond Fund remaining unclaimed by the Holders of Bonds for two (2) years after the due date thereof (whether at stated maturity or otherwise), at the option of the Borrower, shall be deemed to belong to and shall be paid, at the written request of the Borrower, to the Borrower by the Trustee as overpayment of Loan Payments. With respect to that principal of and interest on the Bonds to be paid from money paid to the Borrower pursuant to the preceding sentence, the Holders of the Bonds entitled to such money shall look solely to the Borrower for the payment of such money. Further, any amounts remaining in the Bond Fund, the Project Fund and any other special funds or accounts created under this Loan Agreement, the Regulatory Agreement, or the Indenture after all of the Outstanding Bonds shall be deemed to have been paid and discharged under the provisions of the Indenture and all other amounts required to be paid under this Loan Agreement, the Promissory Note, the Regulatory Agreement, and the Indenture have been paid, shall be paid to the Borrower to the extent that such money is in excess of the amounts necessary to effect the payment and discharge of the outstanding Bonds. 20
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