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6.2 Maria eg merit Entity. Agency shall have the right to review and approve the
<br />qualifications of the management entity proposed by Developer for the Project. The Agency
<br />hereby approves Nebraska Mercy Services Corporation, a Nebraska not-for-profit corporation as
<br />the initial management entity for the Project. The contracting of management services to a
<br />management entity shall not relieve Developer of its primary responsibility for proper
<br />performance of management duties.
<br />6.3 Repair, Maintenance and Security. Throughout the term of this Agreement,
<br />Developer shall at its own expense, maintain the Property and the Project in good physical
<br />condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in
<br />conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations.
<br />Without limiting the foregoing, Developer agrees to maintain the Project and the Property
<br />(including without limitation, the residential units, common meeting rooms, common areas,
<br />landscaping, driveways and walkways) in a condition free of al] waste, nuisance, debris,
<br />unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances, and illegal activity,
<br />and shall take all reasonable steps to prevent the same from occurring on the Property or at the
<br />Project. Developer shall prevent and/or rectify any physical deterioration of the Property and
<br />the Project and shall make all repairs, renewals and replacements necessary to keep the
<br />Property and the improvements located thereon in good condition and repair. Developer
<br />shall provide reasonable and adequate security for the Property as approved in the Marketing
<br />and Management Plan and within the Project operating budget to ensure the safety of the Project
<br />occupants. Developer shall maintain adequate operating and replacement reserves for the Project
<br />in accordance with the provisions of the Loan Agreement.
<br />6.3.1 A~enc~s Ri,~ht to Perform Maintenance. In the event that Developer
<br />breaches any of the covenants contained in Section 6.3, and such default continues for a period of
<br />ten (] 0) days after written notice from Agency (with respect to graffiti, debris, and waste
<br />material) or thirty (30) days after written notice from Agency (with respect fo landscaping,
<br />building improvements and general maintenance), then Agency, in addition to any other remedy
<br />it may have under this Agreement or at law o; in equity, shall have the right, but not the
<br />obligation, to enter upon the Property and perform all acts and work necessary to protect,
<br />maintain, and preserve the improvements and the landscaped areas on the Property. All costs
<br />expended by Agency in connection with the foregoing, shall constitute an indebtedness secured
<br />by the Deed of Trust, and shall be paid by Developer to Agency upon demand. All such sums
<br />remaining unpaid thirty (30) days following delivery of Agency's invoice therefor shall bear
<br />interest at the rate of the lesser of ] 0% per annum or the maximum rate permitted by law.
<br />6.4 Marketing Management and Tenant Services Plan. Not later than ] 80 calendar
<br />days following the issuance of the first building permit for the Project, Developer shall
<br />submit for Agency review and approval, a plan for marketing and managing the Property and for
<br />the provision of supportive services to Project tenants ("Marketing and Management Plan").
<br />The Marketing and Management Plan shall address in detail how Developer plans to market the
<br />Restricted Units to prospective Eligible Households in accordance with fair housing laws and this
<br />Agreement, Developer's tenant selection criteria, and how Developer plans to certify the eligibility
<br />of Eligible Households. The Marketing and Management Plan shall also describe the management
<br />team and shall address how the Developer and the management entity plan to manage and
<br />806740-6
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