West Orange Fourth Round HEFSP_adopted 111025_Appendices

THIS FINANCING, DEED RESTRICTION AND REGULATORY AGREEMENT (this "Agreement"), made and entered into as of this 25h day of August, 2010, by and between the NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY (the "Agency" or "Lender"), a body politic and corporate and an instrumentality exercising public and essential governmental functions of the State of New Jersey (the "State") and JEWISH SERVICE FOR THE DEVELOPMENTALLY DISABLED OF METROWEST, INC. ("Owner" or "Borrower"), a non-profit corporation organized and existing pursuant to the laws of the State of New Jersey and duly authorized to transact business in the State of New Jersey. WITNESSETH In consideration of the mutual covenants and undertaking: 2. herein, and other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the Agency and the Owner hereby agree as follows: Section 1. Definitions and Interpretation. lowing terms shall have the respective meanings set forth below: "Act" means the New Jersey Ho Mortgage Finance Agency Law of 1983, as amended from time to time, P-L. x N.J.S.A. 55:14K-1 et seq., and the Tegulations promulgated thereunder. "Agency Financing” Su Mortgage Loan and Third Mortgage Loan. "Agency Regulation eafis the regulations promulgated by the Agency pursuant to the Act and any policies, pragedures or guidelines issued by the Agency with respect to the housing zy under the Act, all of the foregoing as they may be amended from "Archi tract" means the agreement between the Owner and Sincox Associates Architects dated 1, 2010, or any other agreement executed by the Owner and approved by the Agency, for the design and construction oversight of the Project in accordance with the plans and specifications for the Project approved by the Agency, if applicable. " Assignment of Leases” means the Assignment of Leases by and between the Owner and Lender of even date herewith. "Code" means the Interna! Revenue Code of 1986, as amended. "Construction Contract" means the agreement between the Owner and Bruno’s Home Improvements or any other agreement executed by the Owner and approved by the Agency, for the construction of the Project in accordance with the plans and specifications for the Project approved 2