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Maintenance and Repairs <br /> The Borrower shall at the Borrower's expense maintain the Improvements and,to the <br /> extent imposed by law on adjacent property owners,the adjacent sidewalks and curbs in good <br /> order and condition,ordinary wear excepted,and in compliance with legal requirements.The <br /> Borrower shall make all necessary or appropriate capital and operating repairs and <br /> replacements and renewals to the Improvements, interior and exterior, structural and non- <br /> structural, ordinary and extraordinary, and foreseen and unforeseen sufficient for proper <br /> operation thereof using materials of good quality. <br /> Nondiscrimination; Restrictions on Use <br /> The Borrower covenants that during the Term,it shall permit the Development to be <br /> used only for residential rental housing and may rent units in the Development only to <br /> persons who are 62 years of age or older(the"Senior Housing Restriction"). In addition,the <br /> Borrower shall to the extent permitted by law give preference in the rental of units in the <br /> following order of priority: (i) to persons who are residents or former residents of the City., <br /> (ii)persons who have a child who is a resident of the City,(iii)persons who have at any time <br /> been full time employees of the City or an agency or department of the City,and(iv)persons <br /> who are residents or former residents of the City of Long Lake,Minnesota(collectively,the <br /> "Orono Preference Requirement"). The Senior Housing Restriction shall apply to all units. <br /> The Orono Preference Requirement shall apply only if there is a waiting list for available <br /> units. Except for the Senior Housing Restriction and the Orono Preference Requirement it <br /> shall not discriminate upon the basis of race,color,creed,religion,ancestry,national origin <br /> or sex, affectional preference, disability, marital status or status with regard to public <br /> assistance, in the sale, lease, or rental or in the use or occupancy of the Development <br /> Property or any improvements erected or to be erected thereon, or any part thereof. <br /> Mortgages and Assignments <br /> The Borrower's interest in the Ground Lease, the Development Property, the <br /> Improvements, or any combination thereof may be encumbered only as provided by the <br /> Indenture, the Loan Agreement, the Mortgage and the Development Agreement. The <br /> Borrower and its successors and assigns shall not assign or sublet all or substantially all of <br /> the Borrower's interest in the Ground Lease or the Development without the prior written <br /> consent of the HRA,except as otherwise provided in the Ground Lease or the Development <br /> Agreement. The Borrower may enter into subleases of the housing in the Improvements as <br /> provided in the Development Agreement without the need for Landlord consent.Units in the <br /> Development may be subleased only for purposes of residential housing and no unit may be <br /> subleased to a person under 62 years of age. <br /> THE DISBURSING AGREEMENT <br />