Base Offering Circular – Multifamily 31 The OID Regulations contain an aggregation rule (the “Aggregation Rule”) under which two or more debt instruments issued in connection with the same transaction (or related transactions in certain circumstances) generally are treated as a single debt instrument for federal income tax accounting purposes if issued by a single issuer to a single Holder.  The Aggregation Rule, however, does not apply if the debt instrument is part of an issue (i) a substantial portion of which is traded on an established market or (ii) a substantial portion of which is issued for cash (or property traded on an established market) to parties who are not related to the issuer or Holder and who do not purchase other debt instruments of the same issuer in connection with the same transaction or related transactions.  In most cases, the Aggregation Rule will not apply to Regular Securities of different Classes that are sold to the public because one or both of the exceptions to the Aggregation Rule will have been met.  Although the Tax Administrator will apply the Aggregation Rule to all regular interests in a Trust REMIC that are held by a related Trust REMIC, it generally will not apply the Aggregation Rule to Regular Securities for purposes of reporting to Holders. The OID Regulations provide that a Holder generally may make an election (a “Constant Yield Election”) to include in gross income all stated interest, OID, de minimis OID, market discount (as described below under “—Market Discount”), and de minimis market discount that accrues on a Regular Security (as reduced by any amortizable premium, as described below under “—Amortizable Premium” or acquisition premium, as described below) under the constant yield method used to account for OID.  To make the Constant Yield Election, the Holder of the Security must attach a statement to its timely filed federal income tax return for the taxable year in which the Holder acquired the Security.  The statement must identify the instruments to which the election applies.  A Constant Yield Election is irrevocable unless the Holder obtains the consent of the Service.  In general, the Constant Yield Election may be made on an obligation- by-obligation basis.  If, however a Constant Yield Election is made for a debt instrument with market discount, the Holder is deemed to have made an election to include in income currently the market discount on all debt instruments with market discount subsequently acquired during the same tax year or thereafter by the Holder, as described in “—Market Discount” below.  In addition, if a Constant Yield Election is made for a debt instrument with amortizable premium, the Holder is deemed to have made an election to amortize the premium on all of the Holder’s other debt instruments with amortizable premium under the constant yield method.  See “— Amortizable Premium” below. The federal income tax treatment of income on a Regular Security, the payments on which consist entirely or primarily of a specified nonvarying portion of the interest payable on one or more of the qualified mortgages held by the Trust REMIC (an “Interest Weighted Security”), is unclear.  Until the Service provides contrary administrative guidance on the income tax treatment of an Interest Weighted Security, the Tax Administrator intends to take the position that an Interest Weighted Security does not bear qualified stated interest and will account for the income thereon as described in “Certain Federal Income Tax Consequences— Original Issue Discount—Interest Weighted Securities and Non-VRDI Securities” herein.  Some Interest Weighted Securities may provide for a relatively small amount of principal and for interest that can be expressed as qualified stated interest at a very high fixed rate with respect to that principal (“Superpremium Securities”).  Superpremium Securities technically are issued with amortizable premium.  However, because of their close similarity to other Interest Weighted Securities, it appears more appropriate to account for Superpremium Securities in the same