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201302393
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Last modified
8/19/2014 2:22:39 PM
Creation date
3/27/2013 3:37:42 PM
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DEEDS
Inst Number
201302393
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be an ineligible Project expense, unless otherwise determined in writing by HUD. An <br />"Undocumented Expense" is an expense without sufficient documentation that provides <br />reasonable identification of the basis of the expense. Books, accounts and records shall be open <br />and available for inspection by HUD, after reasonable prior notice, during normal office hours, at <br />the Project or another mutually agreeable location. <br />17. BOOKS MAINTAINED BY MANAGEMENT AGENTS. The books and records of <br />the Project maintained by management agents and Affiliates shall be maintained in accordance <br />with Program Obligations and shall be open and available to inspection by HUD, after reasonable <br />prior notice, during normal office hours, at the Project or another mutually agreeable location. <br />Every contract executed on behalf of the Project with any management agent or Affiliate shall <br />include the provision that the books and records of the Project shall be properly maintained and <br />open to inspection during normal business hours by HUD at the Project or another mutually <br />agreeable location. Upon the termination of a contract with management agent and /or Affiliates, <br />the books and records of the Project maintained by the management agent and /or Affiliates shall <br />remain with Borrower. <br />18. ANNUAL FINANCIAL STATEMENT. Within ninety (90) days, or such period <br />established in writing by HUD, following the end of each fiscal year, Borrower shall furnish HUD <br />and Lender with a complete annual financial report based upon an examination of the books and <br />records of Borrower prepared in accordance with GAAP, audited in accordance with Generally <br />Accepted Auditing Standards ( "GAAS ") and Government Auditing Standards ( "GAS ") and any <br />additional requirements of HUD unless the report is waived in writing by HUD. If Borrower fails to <br />submit the annual financial report within ninety (90) days of said due date, HUD may thereafter hire <br />a certified public accountant to prepare the report at the expense of Borrower. The report shall <br />include a certification in content and form prescribed by HUD and certified by Borrower. The report <br />shall be prepared and certified by a certified public accountant who is licensed or certified by a <br />regulatory authority of a state or other political subdivision of the United States, which authority <br />makes the certified public accountant subject to regulations, disciplinary measures, or codes of <br />ethics prescribed by law. The certified public accountant must have no business relationship with <br />Borrower except for the performance of the audit and tax preparation unless HUD expressly <br />authorizes other relationships. Auditing costs and tax preparation costs may be charged as an <br />authorized expense to the Mortgaged Property only to the extent they are required of Borrower <br />itself by state law, the Internal Revenue Service ( "IRS "), the Securities and Exchange Commission, <br />or HUD. Neither IRS audit costs nor costs of tax preparation for Borrower's partners, members, <br />shareholders, or other persons receiving Distributions from Borrower may be charged to the <br />Mortgaged Property as a Project expense. Non - profit Borrowers are to follow audit requirements <br />specified in OMB Circular A-133, as revised. <br />IV. PROJECT MANAGEMENT <br />201302393 <br />19. PRESERVATION, MANAGEMENT AND MAINTENANCE OF THE MORTGAGED <br />PROPERTY. Borrower (a) shall not commit Waste, (b) shall not abandon the Mortgaged Property, <br />(c) shall restore or repair promptly, in a good and workmanlike manner, any damaged part of the <br />Mortgaged Property to the equivalent of its original condition, or such other condition as HUD may <br />approve in writing, whether or not litigation or insurance proceeds or condemnation awards are <br />available to cover any costs of such restoration or repair, and (d) shall keep the Mortgaged <br />Revious editions are obsolete MR-Regulatory Agreerrent I-LID-92466M (Rev. 4/11) <br />Replaces form Iilb92466 (11/02) Page 14 FREN C]i VLLAGE <br />
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