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<br />The remaining unit will be a 2-bedroom unit reserved for the onsite manager. <br /> <br />The affordable rents charged at the Project must comply with the <br />standards set forth by California Tax Credit Allocation Committee <br />(TCAC). Notwithstanding anything to the contrary contained in this <br />Agreement, the Affordability Restrictions on Transfer of Property, and <br />other than HOME assisted units, restricted (as to both income and rent <br />levels) at 30% of AMI, in the event of a foreclosure, or delivery of deed in <br />lieu of foreclosure, of any Senior Loan, then the (1) the maximum <br />qualifying tenant household income shall be increased to 60% of Area <br />Median Income adjusted for family size appropriate to the unit, and (2) the <br />maximum annual affordable rent shall be increased to 30% of 60% of <br />Area Median Income, as adjusted for family size appropriate to the unit. <br /> <br />2. Section 3.1, Use Covenants and Restrictions, in Exhibit B, Affordability <br />Restrictions on Transfer of Property, of said CDBG Loan Agreement shall be <br />amended to replace the Assisted Units matrix with the following: <br /> <br />Affordability Levels/Unit Mix: <br /> <br />The Project’s unit mix and levels of affordability are as follows: <br /> <br />Unit Size 30% AMI 35% AMI 50% AMI 60% AMI Total <br />1 Bedroom 15 6 5 -- 26 <br />2 Bedroom 2 -- 7 5 14 <br />3 Bedroom 4 -- -- 13 17 <br />Total 21 6 12 18 57 <br /> <br />3. The last sentence of Section 6.1(b) shall be deleted and replaced with the <br />following: <br /> <br />“This Agreement, the Inclusionary Promissory Note, Inclusionary Deed of Trust, <br />CDBG Promissory Note, and the CDBG Deed of Trust shall all be subordinate to <br />any Senior Loan Note and Senior Loan Deed of Trust, and to the AHSC Loan <br />Documents. The CDBG Promissory Note, and the CDBG Deed of Trust shall be <br />subordinate to that certain SNHP Loan in the face amount of Two Million Three <br />Hundred Sixty-Two Thousand Two Hundred Fifteen and No/100s Dollars <br />($2,362,215) made by California Housing Finance Agency to Borrower (the <br />“SNHP Loan”). The Inclusionary Promissory Note, Inclusionary Deed of Trust, <br />any Senior Loan Note and Senior Loan Deed of Trust, and the AHSC Loan <br />Documents will remain senior to any documents evidencing the SNHP Loan.” <br /> <br />4. Exhibit D, CDBG Promissory Note, of said CDBG Loan Agreement shall be <br />amended to delete the definition of “City Share” in its entirety and replace with <br />the following: <br /> <br />AK <br />EXHIBIT 1