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201302390
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Last modified
8/19/2014 2:22:39 PM
Creation date
3/27/2013 3:29:55 PM
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DEEDS
Inst Number
201302390
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201302390 <br />12 <br />amount is established by HUD. At least every ten years, starting from the date of initial <br />or initial /final endorsement of the Note, and more frequently at HUD's sole discretion, <br />Borrower shall submit to HUD a written analysis of its use of the Reserve for <br />Replacement during the prior ten years and the projected use of the Reserve for <br />Replacement in accordance with Program Obligations. The amount of the monthly <br />deposit may be increased or decreased from time to time at the written direction of <br />HUD without a recorded amendment to this Agreement. <br />c. Borrower shall carry the balance in this account on the financial records as a <br />restricted asset. The Reserve for Replacement shall be invested in accordance with <br />Program Obligations, and any interest earned on the investment shall be deposited in <br />the Reserve for Replacement for use by the Project in accordance with this Section 10. <br />d. Disbursements from the Reserve for Replacement shall only be made after consent, <br />in writing, of HUD. In the event of a Declaration of Default under the terms of the <br />Security Instrument, pursuant to which the Indebtedness has been accelerated, a <br />written notification by HUD to Borrower of a violation of this Agreement or at such other <br />times as determined solely by HUD, HUD may direct the application of the balance in <br />such account to the amount due on the Indebtedness as accelerated or for such other <br />purposes as may be determined solely by HUD. <br />e. In the case of a transfer of the Mortgaged Property where the Project is already <br />subject to a Security Instrument insured or held by HUD as of the date hereof, and this <br />Agreement is now being executed by Borrower as of the date hereof, the Reserve for <br />Replacement now to be established shall be equal to the amount due to be in such <br />account under this Agreement, and payments hereunder shall begin with the first <br />payment due on the Security Instrument after acquisition, unless some other method of <br />establishing and maintaining the account is approved in writing by HUD. <br />f. Upon Borrower's full satisfaction of all HUD obligations, Borrower shall receive any <br />monies remaining in the Reserve for Replacement. <br />11. RESIDUAL RECEIPTS. Section 221(d)(3) and 231 Non - Profit, Public Body, and <br />Limited Dividend Borrowers shall establish and maintain, in addition to the Reserve for <br />Replacement, a Residual Receipts account by depositing with Lender the Residual <br />Receipts within ninety (90) days after the end of the annual fiscal period within which <br />such receipts are realized. Such account shall be held by Lender or by a safe and <br />responsible depository designated by Lender in accordance with Program Obligations, <br />in an interest - bearing account which shall be insured or guaranteed by a federal agency <br />and in accordance with Program Obligations. The Residual Receipts shall be under the <br />control of HUD, and shall be disbursed only on the direction of HUD, which shall have <br />Previous editions are obsolete; Regulatory Agreement HUD- 92466M (Rev. 04/11) <br />Replaces form HUD -92466 (11/02) <br />
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