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201302393 <br />This Agreement is entered into March 11 -, 2013, between CARMALOR NEBRASKA <br />L.P., a limited partnership organized and existing under the laws of Nebraska, whose address <br />is P.O. Box 711521, Santee, California 92072, its successors, heirs, and assigns (jointly and <br />severally) (Borrower) and the UNITED STATES DEPARTMENT OF HOUSING AND URBAN <br />DEVELOPMENT, ACTING BY AND THROUGH THE SECRETARY, his or her successors, assigns <br />or designates (HUD). <br />In consideration of, and in exchange for an action by HUD, HUD and Borrower agree to the <br />terms of this Agreement. The HUD action may be one of the following: HUD's endorsement for <br />insurance of the Note, HUD's consent to the transfer of the Mortgaged Property, HUD's sale and <br />conveyance of the Mortgaged Property, or HUD's consent to other actions related to Borrower or <br />to the Mortgaged Property. <br />Further, Borrower and HUD execute this Agreement in order to comply with the <br />requirements of the National Housing Act, as amended, and the regulations adopted by HUD <br />pursuant thereto. This Agreement shall continue during such period of time as HUD shall be the <br />owner, holder, or insurer of the Note. Upon satisfaction of such Note, this Agreement shall <br />automatically terminate. However, Borrower shall be responsible for any Violations of this <br />Agreement which occurred prior to termination. <br />Violation of this Agreement may subject Borrower and other signatories hereto to adverse <br />actions. Refer to Article VII below. <br />AGREEMENTS: Borrower and HUD covenant and agree as follows: <br />1. DEFINITIONS. Any capitalized term or word used herein but not defined shall have <br />the meaning given to such term in the Security Instrument between Borrower and Lender or the <br />Note. The following terms, when used in this Agreement (including when used in the above <br />recitals), shall have the following meanings, whether capitalized or not and whether singular or <br />plural, unless, in the context, an incongruity results: <br />FTevious editions are obsolete <br />Replaces formltV -92466 (11/02) <br />I. DEFINITIONS <br />a. "Affiliate" is defined in 24 C.F.R. 200.215, or any successor regulation. <br />b. "Borrower" means all entities identified as "Borrower" in the first paragraph <br />of the Security Instrument, together with any successors, heirs, and assigns (jointly and <br />severally). "Borrower" shall include any entity taking title to the Mortgaged Property <br />whether or not such entity assumes the Note. Whenever the term "Borrower" is used <br />herein, the same shall be deemed to include the obligor of the debt secured by the Security <br />Instrument and shall also be deemed to be the mortgagor as defined by Program <br />Obligations. <br />c. "Business Day" is defined in Section 46. <br />d. "Declaration of Default" is defined in Section 38. <br />WR-Ragulatory Agreerrent HUD-92466M (Rev. 4/11) <br />Page 2 FRI3 CHVLLAGE <br />