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Fited tbr Record OT11012026 02:10:10 PM - Kittitas County, WA Auditor - 202607100035 Page 3 of 11 2. The Grantor shall develop! own, manage, and operate the Property as low-income multi' family housing in accordance with the terms ofthis Covenant and the Contrast on a continuous basis during the Affordability Reriod. Except as specifically provided in this Section or the Contract, or otherwise consented to by ihe County, the Property shall not be devoted to any use other than low-income housing as described herein, together with commolt areas and supporl facilities for residents, without the express written consent of the County, in its discretion.. 3. Consislent rvjth the requirements of RCW 36,22.250, upon complelion of lhe construction of the Project (i) five (5) of the residential units at the Project shall be rented to tenants who are "homeless" at the timi of initiat occupancy as defined by'the Departrnent of Housing and Urban Development ("HUD") at 24 CFR 578.3; and (ii) one (l) of the five units set aside for tenants who are homeless shall also be restricted to tenants with gross annual househotd incomes at the time of initial occupancyno higher than fifty percenf (50%) of area median income for Kittitas County, Washington adjusted for family size C.aMft as estimated from time to time by HUD. lf HUD ceases to provide suc! estimates of median incorne,'ttren median income shall mean such comparable figure for Kittitas County, Washington published or reported by a federal, state, or local agency as the County shall select' 4. The five units set aside for tenants who are homeless at initial occupancy shall be filled through fhe County-wide Coordinated Entry prograrn managed by HopeSource or its successor program in accordance with the Contract, 5. Grantor shall use the Project and the Properfy to provide safe and sanitary housing, and shall cornply with all applicable Federal, State, and local housing codes. licensing requirements. and other requiremenis of the Contract regarding the condition and the operation of the Project and the Property' 6. Grantor shall keep any records and make any reporls relating to compliance with this Covenant that the Counfy may reasonably require. 7. 'l'his Covenant has priority over the Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixnre Filings iu favor of the County of even date herewith (the "Deed of Trust"), and shall ,,ri"oiu" any payment, release, satisfaction or cancellation of the Counry Note or the Deed of Trust occuning prior to the exfiration of the Affordability Period. The covenants herein are independent of and in addition to ihe covenants in the Deed of Trust between the Grantor and the Counfy, any other covenants rnade for the benefit of the County. This Section shall not prohibit any morlgages, deeds of trust, regulatory agreements and covenants for the purposes ofthe future financing! nor prohibit any transfer upon foreclosure ofa deed oftrust or moftgage appriuea by the County, or in tieu of foreclosure thereof. or any subsequent transfer, but any hansfer shall be subject to the terms of this Covenant' 8. DEFAUI.,T: If a violation of any of the foregoing covenants occurs' the County may, aft€r thirty (30) days' notice to Grantor, and if applicable, their successors and assigns, heirs, grantees, or lessees ofthe P.operiy, institute and prosecute any proceeding at law or in equity to abate. preveut, or enjoin any such violaiionor to compel specitic performance by the Grantor of its obligations hereunder; provided that the Grantor shall not be iequired by iny provision herein to evict a residential tenant. No delay in enforcing the provisions hereof as to any breach or violation, shall impair, damage or waive the right of the County to enforce the provisions hereofor to obtain reliefagainst or recover for the continuation or repetition of such breach or violations or any similar breach or violation hereof at any later time. No waiver of any breach or violation shall be binding ttttless in writing signed by the Coulty and no waiver or de lay in enforcing the provisions hereof as to any breach or vjolation shall impair. damage or waive the right of ihe County to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times' The Grantor Affordable llousing Covenant - 'feanaway Court (Kitlitas CouDty)Pagc 2