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Attachment D For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Borrower, the Fiscal Agent, and the Governmental Lender have determined to amend and restate the Original Regulatory Agreement in its entirety in order to assure compliance with certain requirements of the Code (hereinafter defined) and of the Act (hereinafter defined) applicable to the Project. NOW, THEREFORE, the Borrower, the Fiscal Agent, and the Governmental Lender do hereby impose upon the Project the following covenants, restrictions, charges, and easements, which shall run with the land and shall be binding and a burden upon the Project and all portions thereof, and upon any purchaser, grantee, owner, or lessee of any portion of the Project and any other person or entity having any right, title, or interest therein and upon the respective heirs, executors, administrators, devisees, successors, and assigns of any purchaser, grantee, owner, or lessee of any portion of the Project and any other person or entity having any right, title, or interest therein, for the length of time that this Regulatory Agreement shall be in full force and effect in accordance with the provisions hereof: Section 1. Definitions. Unless otherwise expressly provided herein or unless the context clearly requires otherwise, the terms defined above shall have the meanings set forth above and the following terms shall have the respective meanings set forth below for the purposes hereof. Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Funding Loan Agreement. Ð Act Ñ means Minnesota Statutes, Chapters 462A, 462C and 474A, as amended. Ð Adjusted Income Ñ means the adjusted income of a person (together with the adjusted income of all persons of the age of 18 years or older who intend to reside with such person in one Dwelling Unit), as calculated in the manner prescribed under Section 142(d)(2)(B) of the Code. Ð Bond Counsel Ñ means Taft Stettinius & Hollister LLP, or any other attorney at law or firm of attorneys, of nationally-recognized standing in matters pertaining to the federal tax exemption of interest on bonds and other obligations issued by states and political subdivisions thereof, duly admitted to practice law before the highest court of any state of the United States of America. Ð Borrower Ñ means Roseville Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership, its successors and assigns, to the extent permitted by the Loan Agreement. Ð Certificate of Continuing Program Compliance Ñ means the document substantially in the form of EXHIBIT C hereto. Ð Code Ñ means the Internal Revenue Code of 1986, as amended, and all applicable regulations (whether proposed, temporary or final) under the Code and the statutory predecessor of the Code, and any official rulings and judicial determinations under the foregoing applicable to the Note. Ð County Ñ means Ramsey County in the State. 2 12519391v3