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201302390 3 Repayment Mortgage, all provisions in the Regulatory Agreement, Program Obligations, or HAP Contract, if any, requiring the Borrower to maintain a Residual Receipts account or fund shall be of no force or effect. 5. M2M DISTRIBUTIONS. From and after the date hereof, but only for so long as the Mortgaged Property is encumbered by a MAHRA Restructuring Loan, all provisions in the Regulatory Agreement, Program Obligations (other than those related to M2M), and in the HAP Contract, with respect to the amount and timing of Distributions to the Borrower shall not apply, and the amounts and timing of Distributions shall be in accordance with M2M Program Obligations and this Section 5. Upon satisfaction of the MAHRA Restructuring Loan(s), Distributions shall be controlled by Program Obligations and the HAP Contract. a. Annually, the Borrower may take a Distribution of Surplus Cash that remains, if any, after payment of the Restricted Surplus Cash due under, and as defined in, the Mortgage Restructuring Note and /or Contingent Repayment Note, in accordance therewith, subject to the provisions of MAHRA and the MAHRA Regulatory Agreement. b. During the period of time Borrower may receive Capital Recovery Payments, the definition of Surplus Cash in subsection 1 .gg.(1) of the Regulatory Agreement shall include an additional item payable in determining Surplus Cash, as item (iii), "Capital Recovery Payments, if payable ". To the extent provided in the Restructuring Commitment, a Distribution for a Capital Recovery Payment may be taken monthly by the Borrower, subject to compliance by the Borrower with all conditions, limitations and restrictions thereto under MAHRA and /or as may be set forth in the MAHRA Regulatory Agreement, which include, without limitation, (i) the payment of all obligations of the Project (accounts payable and accrued, unescrowed expenses), unless funds for payment are set aside or deferment of payment has been approved by HUD, and (ii) the requirement that there be no outstanding unresolved HUD audit or management findings (collectively, "CRP Distribution Conditions "). For the purpose of a Capital Recovery Payment, compliance with the MAHRA Regulatory Agreement means that all terms and conditions contained in the MAHRA Regulatory Agreement were satisfied as of the last day of the Payment Period (defined in the Mortgage Restructuring Note), whether or not a Notice to Borrower of a Violation thereunder was given. In the event that any of the CRP Distribution Conditions have not been satisfied, as determined by HUD, the Capital Recovery Payments shall not be made, but they shall accrue, without additional interest, until HUD determines that they may resume. If cash is insufficient to pay Capital Recovery Payments, as determined by HUD, after HUD's review of the Borrower's audited annual financial statement, the Rider (HUD- 92466M) on First 01/05/12