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<br />more than ninety percent (90%) of the Area Median Income (~AMI") to <br />be restricted to persons earning fifty percent (50%) of AMI or <br />below. <br /> <br />4. Lobbvina Prohibited. The Developer shall not use <br />HOME funds for publicity or propaganda purposes designed to support <br />or defeat legislation pending before federal, state, or local <br />government. HOME funds shall not be used by Developer to influence <br />an officer or employee of any agency, a Member of Congress, and <br />officer or employee of Congress, or an employee of a Member of <br />Congress in connection with the award of any Federal contract. <br /> <br />5. Maintenance of Property. During such time as the <br />Affordability Covenants set forth in Section 2 of this Declaration <br />are in effect, the Property shall at all times be maintained a <br />rental apartment complex of not less than fifty eight (58) units. <br />The Property shall at all times be maintained in a neat and orderly <br />condition consistent with good management practices and in <br />accordance with all applicable Federal, State and local laws. <br /> <br />6. Compliance. In order to insure compliance with this <br />Declaration, each of the following shall occur: <br /> <br />(a) Declarant and its successors shall ensure that each <br />lessee of the Property executes under penalty of perjury an income <br />verification and information form ("Income Verification and <br />Information Form"), in a form reasonably acceptable to the Agency, <br />certifying the lessee's income. Units will be leased only to <br />lessees who have incomes qualifying under the affordability <br />covenants set forth herein. <br /> <br />(b) Declarant and its successors shall obtain a copy of <br />each lessee's federal income tax return for the taxable year <br />immediately preceding such lessee's initial occupancy in the <br />Project or, if a lessee certifies that he or she did not file or <br />did not retain a copy of such tax return, other satisfactory <br />evidence of income for such year, such, as wage statements or <br />employer records. <br /> <br />(c) Annually, the Declarant and its successors shall <br />provide to the Agency copies of said executed Income Verification <br />and Information Forms with respect to each lessee along with a <br />summary for the applicable year signed by the Declarant or its <br />successor certifying compliance with the provisions of this <br />Declaration under penalty of perjury. <br /> <br />6 <br /> <br />REDW\OOO6\DOC\O26 <br />