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"City HOME Loan Agreement" means that certain HOME Investments Partnership Program (HOME) Agreement dated as of October 24, 2014 and executed by and between City and MidPen. "City HOME Note" means that certain Promissory Note dated as of October 24, 2014 which was executed by MidPen for the benefit of City. "Claims" is defined in Section 2.7. "Deed of Trust" is defined in Recital F. "Eligible Household" means a household for which gross household income upon initial occupancy does not exceed the maximum income level for a Restricted Unit as specified in Section 2.2 and Exhibit B and which includes at least one member who is age 62 or older or other qualifying resident as defined in California Civil Code Section 51.3. "Ground Lease" is defined in Recital B. "HOME-Assisted Units" is defined in Section 2.2.1. "HOME Restriction Term" is defined in Section 2.2.1.3. "HOME Restrictions" is defined in Section 2.2.1. "Indemnitees" is defined in Section 2.7. "Loan" is defined in Recital E. "Loan Agreement" is defined in Recital B. "Marketing and Management Plan" is defined in Section 6.5. "MidPen" means MidPen Housing Corporation, a California nonprofit public benefit corporation. "Note" is defined in Recital F. "Rent Restricted" is defined in Section 2.1. "Restricted Unit" means a dwelling unit which is reserved for occupancy at an Affordable Rent by Eligible Households of specified household income levels as set forth in Sections 2.1 and 2.2 and Exhibit B. 2. Use and Affordability Restrictions. Owner hereby covenants and agrees, for itself and its successors and assigns,that the Property shall be used solely for the operation of a multifamily rental senior housing development in compliance with the Loan Agreement,the Ground Lease, and the requirements set forth herein. Owner represents and warrants that it has not entered into any agreement that would restrict or compromise its ability to comply with the occupancy and 4 OAK #4832-3506-8205 v2