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notice t Is <br /> Borrower shall promptly give writtenof ce ouer and the Trustee.thes <br /> (e) The parties to this Agreement shall treat as confidential any of the foregoing <br /> information relating to a specific Lower-Income Tenant or Affordable Unit provided by the <br /> Borrower in compliance with this Agreement, all applicable state and federal statutes and <br /> regulations, and shall implement adequate systems and procedures for maintaining the <br /> confidentiality of such information (but may release general statistical and other information <br /> about the Project, so long as the privacy rights and interests of the individual residents are <br /> protected). The Issuer and the Borrower shall not use any of the information obtained and/or <br /> furnished pursuant to Subparagraph (g) for any purpose described in the federal Fair Credit <br /> Reporting Act (15 U.S.C. §1681 a(d)(1)) and Section 603(d)(1) of Public Law No. 91-508 or in <br /> any manner that would cause a lender or borrower to be considered a "consumer reporting <br /> agency" under the federal Fair Credit Reporting Act (15 U.S.C. §1681a(f) and 603(f) of Public <br /> Law No. 91-508). <br /> (f) The Borrower shall prepare and submit such additional reports as the Issuer may <br /> reasonably deem necessary to ensure compliance with the requirements of this Agreement. <br /> (g) The Borrower shall maintain as part of its records (i) copies of all leases and <br /> residency agreements of Affordable Units; (ii) all initial and annual income certifications by <br /> Lower-Income Tenants of Affordable Units and (iii) such additional records as the Issuer may <br /> deem necessary to ensure compliance with the requirements of this Agreement. <br /> SECTION 5. Transfer Restrictions; Covenants to Run With the Land; Duration of <br /> Regulatory Agreement. <br /> (a) The Borrower covenants and agrees that the Borrower will cause or require as a <br /> condition precedent to any conveyance, transfer, assignment or any other disposition of the <br /> Project, prior to the expiration of the Qualified Project Period (a"Transfer") that the transferee of <br /> that portion assume in writing, in a form acceptable to the Issuer, all duties and obligations of the <br /> Borrower under this Agreement, including this Section 5 in the event of a subsequent Transfer <br /> before the expiration of the Qualified Project Period. The Borrower shall deliver such written <br /> assumption agreement to the Issuer before the Transfer. Any conveyance, transfer or assignment <br /> by the Borrower of the Project not complying with this Section shall be null, void and without <br /> effect. Notwithstanding the foregoing, there shall be no Transfer without the prior written <br /> consent of the Issuer, which consent shall not be unreasonably withheld or delayed. Upon any <br /> sale or other transfer that complies with this Agreement, the Borrower shall be fully and <br /> automatically released from its obligations hereunder to the extent such obligations have been <br /> assumed by the transferee of the Project. <br /> (b) The Borrower shall cause this Agreement and all amendments and supplements <br /> hereto to be recorded in the conveyance and real property records of St. Joseph County, Indiana, <br /> and in such other places as the Issuer may reasonably request. The Borrower shall pay all fees <br /> and charges incurred in connection with any such recording. The covenants contained herein <br /> shall run with the land and shall bind the Borrower and its successors and assigns and all <br /> subsequent owners of any part of the Project or any interest therein, and the benefits shall inure <br /> to the Issuer and the Bondholder and their respective successors and assigns, during the <br /> 7 <br />