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) Upon execution and delivery by Owner, Owner will cause this Agreement and all amendments thereto to be recorded in the office of the County Recorder and/or Registrar of Titles of the county in which the Project Land is located and will pay all fees and charges incurred in connection with recording. Upon recording, Owner will immediately transmit to Minnesota Housing an executed original of the Agreement, or a duly certified copy of the executed original, showing the date and document numbers of record. Owner agrees that Minnesota Housing will not issue an IRS Form 8609 constituting final allocation or award of the HTCs for the Project unless Minnesota Housing has received the recorded executed original, or a duly certified copy, of this Agreement as recorded. (b) Owner intends, declares and covenants, on behalf of itself and all future owners and operators of the Project Land and the Project during the term of this Agreement, that this Agreement, including the covenants and restrictions set forth and the exhibits, regulating and restricting the use, occupancy and transfer of the Project Land and the Project: (i) will be and are covenants running with the Project Land, encumbering the Project Land for the term of this Agreement, binding upon Owner’s successors in title and all subsequent owners and operators of the Project Land, (ii) are not merely personal covenants of Owner; and (iii) will bind Owner (and the benefits will inure to Minnesota Housing and any past, present or prospective tenant of the Project) and its respective successors and assigns during the term of this Agreement. Owner hereby agrees that all requirements of the laws of the state of Minnesota to be satisfied in order for the provisions of this Agreement to constitute deed restrictions and covenants running with the land will be deemed to be satisfied in full, and that any requirements of privileges of estate are intended to be satisfied, or in the alternate, that an equitable servitude has been created to insure that these restrictions run with the land. For the longer of the period that the HTCs are claimed or the term of this Agreement, every contract, deed, or other instrument executed conveying the Project Land or any portion, will expressly provide that such conveyance is subject to this Agreement; provided, however, that the covenants contained in will survive and be effective regardless of whether such contract, deed or other instrument executed conveying the Project Land or any portion thereof provides that such conveyance is subject to this Agreement. (c) Owner covenants to obtain the consent of any prior recorded lien holder for the Project to this Agreement, and such consent will be a condition precedent to Minnesota Housing’s issuance of the IRS Form 8609 constituting final allocation of HTCs for the Project.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Upon execution and delivery by the Owner, the Owner will shall cause this Agreement and all amendments thereto to be recorded in the office of the County Recorder and/or or Registrar of Titles of the county in which the Project Land is located and will shall pay all fees and charges incurred in connection with recordingtherewith. Upon recording, the Owner will shall immediately transmit to Minnesota Housing an executed original of the recorded Agreement, or a duly certified copy of the executed original, showing the date and document numbers of record. The Owner agrees that Minnesota Housing will not issue an IRS a Section 1602 Form 8609 constituting final allocation or award of the HTCs for the Project unless Minnesota Housing has received the recorded executed original, or a duly certified copy, of this Agreement as recorded. (b) The Owner intends, declares declares, and covenants, on behalf of itself and all future owners and operators of the Project Land and the Project during the term of this Agreement, that this Agreement, including Agreement and the covenants and restrictions set forth herein and in the exhibits, exhibits hereto regulating and restricting the use, occupancy occupancy, and transfer of the Project Land and the Project: Project (i) will shall be and are covenants running with the Project Land, encumbering the Project Land for the term of this Agreement, binding upon the Owner’s successors in title and all subsequent owners and operators of the Project Land, (ii) are not merely personal covenants of the Owner; , and (iii) will shall bind the Owner (and the benefits will shall inure to Minnesota Housing and any past, present or prospective tenant of the Project) and its respective successors and assigns during the term of this Agreement. The Owner hereby agrees that all requirements of the laws of the state State of Minnesota to be satisfied in order for the provisions of this Agreement to constitute deed restrictions and covenants running with the land will shall be deemed to be satisfied in full, and that any requirements of privileges of estate are intended to be satisfied, or in the alternate, that an equitable servitude has been created to insure that these restrictions run with the land. For the longer of the period that the HTCs are claimed or the term of this Agreement, every contract, deed, or other instrument hereafter executed conveying the Project Land or any portion, will portion thereof shall expressly provide that such conveyance is subject to this Agreement; provided, however, that the covenants contained in will herein shall survive and be effective regardless of whether such contract, deed deed, or other instrument hereafter executed conveying the Project Land or any portion thereof provides that such conveyance is subject to this Agreement. (c) The Owner covenants to obtain the consent of any prior recorded lien holder for the Project to this Agreement, and such consent will shall be a condition precedent to Minnesota Housing’s issuance of the IRS Section 1602 Form 8609 constituting final allocation of HTCs for the Project.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Upon execution and delivery by the Owner, the Owner will shall cause this Agreement and all amendments thereto to be recorded in the office of the County Recorder and/or or Registrar of Titles of the county in which the Project Land is located and will shall pay all fees and charges incurred in connection with recordingtherewith. Upon recording, the Owner will shall immediately transmit to Minnesota Housing an executed original of the recorded Agreement, or a duly certified copy of the executed original, showing the date and document numbers of record. The Owner agrees that Minnesota Housing will not issue an IRS Form 8609 constituting final allocation or award of the HTCs Credits for the Project unless Minnesota Housing has received the recorded executed original, or a duly certified copy, of this Agreement as recorded. (b) The Owner intends, declares and covenants, on behalf of itself and all future owners Owners and operators Operators of the Project Land and the Project during the term of this Agreement, that this Agreement, including Agreement and the covenants and restrictions set forth herein and in the exhibits, exhibits hereto regulating and restricting the use, occupancy and transfer of the Project Land and the Project: Project (i) will shall be and are covenants running with the Project Land, encumbering the Project Land for the term of this Agreement, binding upon the Owner’s successors in title and all subsequent owners Owners and operators Operators of the Project Land, (ii) are not merely personal covenants of the Owner; , and (iii) will shall bind the Owner (and the benefits will shall inure to Minnesota Housing and any past, present or prospective tenant of the Project) and its respective successors and assigns during the term of this Agreement. The Owner hereby agrees that all requirements of the laws of the state State of Minnesota to be satisfied in order for the provisions of this Agreement to constitute deed restrictions and covenants running with the land will shall be deemed to be satisfied in full, and that any requirements of privileges of estate are intended to be satisfied, or in the alternate, that an equitable servitude has been created to insure that these restrictions run with the land. For the longer of the period that the HTCs Credits are claimed or the term of this Agreement, every contract, deed, or other instrument hereafter executed conveying the Project Land or any portionportion thereof, will shall expressly provide that such conveyance is subject to this Agreement; provided, however, that the covenants contained in will herein shall survive and be effective regardless of whether such contract, deed or other instrument hereafter executed conveying the Project Land or any portion thereof provides that such conveyance is subject to this Agreement. (c) The Owner covenants to obtain the consent of any prior recorded lien holder for the Project to this Agreement, and such consent will shall be a condition precedent to Minnesota Housing’s issuance of the IRS Form 8609 constituting final allocation of HTCs Credits for the Project.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Upon execution and delivery by Owner, Owner will cause this Agreement and all amendments thereto to be recorded in the office of the County Recorder and/or Registrar of Titles of the county in which the Project Land is located and will pay all fees and charges incurred in connection with recording. Upon recording, Owner will immediately transmit to Minnesota Housing an executed original of the Agreement, or a duly certified copy of the executed original, showing the date and document numbers of record. Owner agrees that Minnesota Housing will not issue an IRS Form 8609 constituting final allocation or award of the HTCs Credits for the Project unless Minnesota Housing has received the recorded executed original, or a duly certified copy, of this Agreement as recorded. (b) Owner intends, declares and covenants, on behalf of itself and all future owners and operators of the Project Land and the Project during the term of this Agreement, that this Agreement, including the covenants and restrictions set forth and the exhibits, regulating and restricting the use, occupancy and transfer of the Project Land and the Project: (i) will be and are covenants running with the Project Land, encumbering the Project Land for the term of this Agreement, binding upon Owner’s successors in title and all subsequent owners and operators of the Project Land, (ii) are not merely personal covenants of Owner; and (iii) will bind Owner (and the benefits will inure to Minnesota Housing and any past, present or prospective tenant of the Project) and its respective successors and assigns during the term of this Agreement. Owner hereby agrees that all requirements of the laws of the state of Minnesota to be satisfied in order for the provisions of this Agreement to constitute deed restrictions and covenants running with the land will be deemed to be satisfied in full, and that any requirements of privileges of estate are intended to be satisfied, or in the alternate, that an equitable servitude has been created to insure that these restrictions run with the land. For the longer of the period that the HTCs Credits are claimed or the term of this Agreement, every contract, deed, or other instrument executed conveying the Project Land or any portion, will expressly provide that such conveyance is subject to this Agreement; provided, however, that the covenants contained in will survive and be effective regardless of whether such contract, deed or other instrument executed conveying the Project Land or any portion thereof provides that such conveyance is subject to this Agreement. (c) Owner covenants to obtain the consent of any prior recorded lien holder for the Project to this Agreement, and such consent will be a condition precedent to Minnesota Housing’s issuance of the IRS Form 8609 constituting final allocation of HTCs Credits for the Project.

RECORDING AND FILING; COVENANTS TO RUN WITH THE LAND. (a) Upon execution and delivery by the Owner, the Owner will shall cause this Agreement and all amendments thereto to be recorded in the office of the County Recorder and/or or Registrar of Titles of the county in which the Project Land is located and will shall pay all fees and charges incurred in connection with recordingtherewith. Upon recording, the Owner will shall immediately transmit to Minnesota Housing an executed original of the recorded Agreement, or a duly certified copy of the executed original, showing the date and document numbers of record. The Owner agrees that Minnesota Housing will not issue an IRS Form 8609 constituting final allocation or award of the HTCs Credits for the Project unless Minnesota Housing has received the recorded executed original, or a duly certified copy, of this Agreement as recorded. (b) The Owner intends, declares declares, and covenants, on behalf of itself and all future owners and operators of the Project Land and the Project during the term of this Agreement, that this Agreement, including Agreement and the covenants and restrictions set forth herein and in the exhibits, exhibits hereto regulating and restricting the use, occupancy occupancy, and transfer of the Project Land and the Project: Project (i) will shall be and are covenants running with the Project Land, encumbering the Project Land for the term of this Agreement, binding upon the Owner’s successors in title and all subsequent owners and operators of the Project Land, (ii) are not merely personal covenants of the Owner; , and (iii) will shall bind the Owner (and the benefits will shall inure to Minnesota Housing and any past, present or prospective tenant of the Project) and its respective successors and assigns during the term of this Agreement. The Owner hereby agrees that all requirements of the laws of the state State of Minnesota to be satisfied in order for the provisions of this Agreement to constitute deed restrictions and covenants running with the land will shall be deemed to be satisfied in full, and that any requirements of privileges of estate are intended to be satisfied, or in the alternate, that an equitable servitude has been created to insure that these restrictions run with the land. For the longer of the period that the HTCs are claimed or the term of this Agreement, every contract, deed, or other instrument hereafter executed conveying the Project Land or any portion, will portion thereof shall expressly provide that such conveyance is subject to this Agreement; provided, however, that the covenants contained in will herein shall survive and be effective regardless of whether such contract, deed deed, or other instrument hereafter executed conveying the Project Land or any portion thereof provides that such conveyance is subject to this Agreement. (c) . The Owner covenants to obtain the consent of any prior recorded lien holder for the Project to this Agreement, and such consent will shall be a condition precedent to Minnesota Housing’s issuance of the IRS Form 8609 constituting final allocation of HTCs for the Project.