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12. PROPERTY AND OPERATION; ENCUMBRANCES. <br />201302390 <br />the power and authority to direct that the Residual Receipts, or any part thereof, be <br />used for such purpose as it may determine. <br />13 <br />a. Borrower shall deposit all Rents and other receipts of the Project in connection with <br />the financing of the Project, including equity or capital contributions required under the <br />Firm Commitment or otherwise advanced for the purpose and as part of the Mortgaged <br />Property, in the name of the Project in a federally insured depository or depositories <br />and in accordance with Program Obligations. (Equity or capital contributions shall not <br />include certain syndication proceeds, such as proceeds from Low Income Housing Tax <br />Credit transactions used to repay bridge loans from members /partners of Borrower, all <br />as more fully set forth in Program Obligations.) Such funds shall be withdrawn only in <br />accordance with the provisions of this Agreement for Reasonable Operating Expenses <br />of the Project or for Distribution of Surplus Cash or as reimbursement of advances as <br />permitted by Sections 14 and 15 below; or for permitted deposits authorized by this <br />Agreement or for any other reason authorized under this Agreement. Any person or <br />entity receiving Mortgaged Property other than for payment of Reasonable Operating <br />Expenses, authorized Distributions of Surplus Cash, or for any reason authorized under <br />Section 36 of this Agreement, shall immediately deliver such Mortgaged Property to the <br />Project and failing so to do shall hold such Mortgaged Property in trust. <br />b. Borrower shall not engage in any business or activity, including the operation of any <br />other project, or incur any liability or obligation not in connection with the Project, nor <br />acquire an Affiliate or contract to enter into any affiliation with any party except as <br />otherwise approved by HUD. <br />c. Borrower shall satisfy or obtain a release of any mechanic's lien, attachment, <br />judgment lien, or any other lien that attaches to the Mortgaged Property or any part <br />thereof. <br />d. Penalties, including but not limited to delinquent tax penalties, shall not be paid from <br />the Project. <br />e. Borrower shall promptly notify HUD of the appointment of any receiver for the <br />Project, the filing of a petition in bankruptcy or insolvency or for reorganization. <br />f. Borrower shall keep the Mortgaged Property insured at all times in accordance with <br />the Security Instrument and Program Obligations, and Borrower shall notify HUD of all <br />payments received from an insurer. <br />g. Borrower shall notify HUD of any action or proceeding relating to any condemnation <br />Previous editions are obsolete; Regulatory Agreement HUD- 92466M (Rev. 04/11) <br />Replaces form HUD -92466 (11/02) <br />