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"Senior Lender" means a commercial or institutional financial institution providing the <br />Senior Loan or any other holder of the Senior Loan Note. <br />"Senior Loan" means a loan from the Senior Lender concurrent to the Inclusionary Loan <br />for payment of a portion of the acquisition and rehabilitation costs, and shall include any <br />subsequent loan that refinances the initial Senior Loan. <br />"Senior Loan Deed of Trust" means the first deed(s) of trust securing the Senior Loan <br />by encumbering the Property. <br />"Senior Loan Documents" means, collectively, the loan agreement governing the Senior <br />Loan, the Senior Loan Note, the Senior Loan Deed of Trust, and any other agreement, document <br />or instrument that the Senior Lender requires in connection with the Senior Loan. <br />"Senior Loan Note" means the promissory note evidencing the Senior Loan from the <br />Senior Lender. <br />"Term of Affordability" or "Affordability Period" means the terns and conditions <br />contained herein shall remain in effect for fifty-five (55) years from the date of issuance of the <br />Certificate of Occupancy for the Project, or repayment of the Inclusioamy Loan, whichever is <br />longer. <br />"Very Low Income" means an adjusted income which does not exceed fifty percent (50%) <br />of the Median Income for the Area, adjusted for household size, as published by the U.S. <br />Department of Housing and Urban Development. <br />2. Use of the Property. Developer covenants and agrees, for itself, its successors, its <br />assigns, and every successor in interest to the Property of any part thereof, that Developer, such <br />successors, and assigns shall use the Property to provide Affordable Housing, for low-, very -low, <br />and extremely -low-income households, as provided in the Inclusionary Loan Agreement and these <br />Restrictions. Developer agrees that the Property shall be used only for decent, safe, sanitary and <br />Affordable Housing pursuant to the affordability requirements of California Health and Safety <br />Code ("H&S") sections 50052.5 and 33334.3, as applicable. <br />3. Affordability Requirements, Use and Maintenance of the Property. <br />3.1 Use Covenants and Restrictions: <br />A. Developer agrees and covenants, which covenants shall nun with the land and bind <br />Developer, its successors, its assign and every successor in interest to the Property that Developer will <br />make all rental units on the Property available to extremely -low, very low and low income households <br />at rents affordable to such households pursuant to these Restrictions for fifty-five (55) years from <br />the date of issuance of the Certificate of Occupancy for the Project, or repayment of the <br />Inclusionary Loan, whichever is longer. <br />