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201302393
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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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201302393 <br />Property in decent, safe, sanitary condition and good repair, including the replacement of <br />Personalty and Fixtures with items of equal or better function and quality, all in accordance with <br />Program Obligations. Obligations (a) through (d) of this Section 19 are absolute and unconditional <br />and are not limited by any conditions precedent and are not contingent on the availability of <br />financial assistance of any kind from HUD or on HUD's performance of any administrative or <br />contractual obligations. The Mortgaged Property must also be maintained in reasonable condition <br />for proper audit and subject to examination by HUD at the Project or another mutually agreeable <br />location. In the event all or any of the Improvements shall be destroyed or damaged by fire, by <br />failure of warranty, or other casualty, the money derived from any settlement, judgment, or <br />insurance on the Mortgaged Property shall be applied in accordance with the terms of the Security <br />Instrument. In the event all or any of the Improvements shall be taken by an exercise of the power <br />of eminent domain, all awards of compensation in connection with condemnation for public use of <br />or a taking of any of the Improvements shall be paid in accordance with the Security Instrument. <br />20. FLOOD HAZARDS. Borrower shall maintain flood insurance if required by the <br />Security Instrument. <br />21. MANAGEMENT AGREEMENT. Borrower shall execute a management agreement <br />or other document outlining procedures for managing or operating the Mortgaged Property. Such <br />agreement or document must be consistent with Program Obligations. Borrower and the <br />management agent shall submit and maintain a current management certification meeting <br />standards consistent with Program Obligations. A management agreement must contain a <br />provision that it cannot be assigned without the prior written approval of HUD. <br />22. ACCEPTABILITY OF MANAGEMENT OF THE MORTGAGED PROPERTY. <br />Borrower shall provide management of the Mortgaged Property in a manner deemed to be <br />acceptable by HUD. At HUD's discretion, HUD may require replacement of the management. <br />23. TERMINATION OF CONTRACTS. Any management contract entered into by <br />Borrower pertaining to the Mortgaged Property shall contain a provision that the contract shall be <br />subject to termination without penalty and without cause upon written request by HUD and shall <br />contain a provision that gives no more than a thirty day notice of termination. Upon such request, <br />Borrower shall immediately arrange to terminate the contract, and Borrower shall also make <br />arrangements satisfactory to HUD for continuing acceptable management of the Mortgaged <br />Property effective as of the termination date of the contract. <br />24. CONTRACTS FOR GOODS AND SERVICES. Consistent with Program <br />Obligations, Borrower shall obtain contracts for goods, materials, supplies, and services ( "Goods <br />and Services ") at costs, amounts, and terms that do not exceed reasonable and necessary levels <br />and those customarily paid in the vicinity of the Land for Goods and Services received. The <br />purchase price of Goods and Services shall be based on quality, durability and scope of work and <br />shall be made upon the most advantageous terms for the Project operation. Reasonable Operating <br />Expenses do not include amounts paid for betterments as defined in the Property Jurisdiction or <br />Improvements unless determined by HUD to be prudent and appropriate. Borrower shall keep <br />copies of all written contracts or other instruments that affect the Mortgaged Property, all or any <br />of which may be subject to inspection and examination by HUD at the Project or another mutually <br />agreeable location. <br />Previous editions are obsolete <br />Replaces formFAA92466 (11/02) <br />MR- Regulatory Agreement Htb92466M (Rev. 4/11) <br />Page 15 FRENCH VLLAGE <br />
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