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<br />Containing Covenants. <br /> <br />2. Owner shall assure that the Property shall be used only <br />for housing for Eligible Persons and their Families. <br /> <br />a. <br />related <br />Family. <br /> <br />"Eligible Person" shall mean a person with AIDS or a <br />disease who is a low-income individual, and the person's <br /> <br />b. "Family" shall mean a household composed of one or more <br />related persons. The term "Family" also includes a person who is <br />determined to be important to the care or the well-being of the <br />Eligible Person, and the surviving member or members of any family <br />described in this paragraph who were living in a dwelling unit on <br />the Property with the person with AIDS at the time of his or her <br />death. <br /> <br />c. "Low- Income Individual" mean any individual or family <br />whose income does not exceed 50% of the median income for the <br />area, as determined by HUD, with adjustments for smaller and <br />larger families, except that HUD may establish income ceilings <br />higher or lower than 80% of the median for the area on the basis <br />of HUD findings that such variations are necessary because of <br />prevailing levels of construction costs or fair market rents, or <br />unusually high or low family incomes. <br /> <br />Notwithstanding the foregoing, the surviving member or members of <br />a Family who were living in a dwelling unit on the Property at the <br />time of the death of the person with AIDS may continue to occupy <br />the Property for a period of up to 60 days following the death of <br />the person with AIDS. <br /> <br />3. The rent charged by Owner for any dwelling unit within <br />the Property shall be the higher of: <br /> <br />a. 30% of the Family's monthly adj usted income (adj ustment <br />factors include the age of the individual, medical expenses, size <br />of family and child care expenses and are described in detail in <br />24 CFR 813-1020); or <br /> <br />b. 10% of the Family's monthly gross income; or <br /> <br />c. If the Family is receiving payments from welfare <br />assistance from a public agency and a part of the payments, <br />adjusted in accordance with the Family's actual housing costs, is <br />specifically designated by the agency to meet the Family's housing <br />costs, the portion of the payments that is so designated. <br /> <br />Except for rent, Owner shall not charge any fee of any Eligible <br />Person for any housing or services provided with HOPWA Funds. <br /> <br />4. Owner covenants and agrees for i tsel f, its successors, <br />its assigns and every successor in interest to the Property or any <br />part thereof, that there shall be no discrimination against or <br /> <br />Straight Talk Development Ag:t:eement <br />7/18/2007 <br /> <br />16 <br />