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201302395
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Last modified
3/27/2013 4:41:58 PM
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3/27/2013 3:39:28 PM
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DEEDS
Inst Number
201302395
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20130239,; <br />(d) Within 120 days after the end of each fiscal year of Borrower, Borrower shall <br />furnish to Lender a statement of income and expenses of Borrower's operation of the <br />Mortgaged Property for that fiscal year, a statement of changes in financial position of <br />Borrower relating to the Mortgaged Property for that fiscal year and, when requested by <br />Lender, a balance sheet showing all assets and liabilities of Borrower relating to the <br />Mortgaged Property as of the end of that fiscal year. If Borrower's fiscal year is other than <br />the calendar year, Borrower must also submit to Lender a year -end statement of income <br />and expenses within 120 days after the end of the calendar year. Lender also may require <br />that any statements, schedules or reports required to be delivered to Lender under this <br />Section 15 be audited at Borrower's expense by independent certified public accountants <br />acceptable to Lender. If Borrower fails to provide in a timely manner the statements, <br />schedules and reports required by this Section 15, Lender shall have the right to have <br />Borrower's books and records audited, at Borrower's expense, by independent certified <br />public accountants selected by Lender in order to obtain such statements, schedules and <br />reports, and all related costs and expenses of Lender shall become immediately due and <br />payable and shall become an additional part of the Indebtedness. Notwithstanding the <br />foregoing, however, so long as the Loan is insured or held by HUD, Borrower's obligation <br />under this subsection (d) shall be satisfied by the delivery to Lender, concurrently with its <br />delivery to HUD, of a copy of the annual financial statement required to be delivered to <br />HUD in accordance with the Regulatory Agreement. <br />(e) Borrower shall deliver to Lender, within 15 days, copies of all operating <br />budgets, capital budgets, and other records or documents concerning the Mortgaged <br />Property or Borrower, reasonably requested by Lender. <br />16. TAXES; OPERATING EXPENSES. <br />(a) Subject to the provisions of Section 16(c) and Section 16(d), Borrower shall <br />pay, or cause to be paid, all Taxes when due and before the addition of any interest, fine, <br />penalty or cost for nonpayment. <br />(b) Subject to the provisions of Section 16(c), Borrower shall pay the expenses <br />of operating, managing, maintaining and repairing the Mortgaged Property (including <br />insurance premiums, utilities, repairs and replacements) before the last date upon which <br />each such payment may be made without any penalty or interest charge being added. <br />(c) As long as no Event of Default exists and Borrower has timely delivered to <br />Lender any bills or premium notice that it has received, Borrower shall not be obligated to <br />pay Taxes, insurance premiums or any other individual Imposition to the extent that <br />sufficient Imposition Deposits are held by Lender for the purpose of paying that specific <br />Imposition. If an Event of Default exists, Lender may exercise any rights Lender may have <br />with respect to Imposition Deposits without regard to whether Impositions are then due and <br />payable; provided that so long as the Loan is insured by HUD, Lender's exercise of its <br />rights shall be subject to Program Obligations pertaining to claims for mortgage insurance <br />PreAous editions are obsolete HUD MF Security Instrument HUD- 94000M (Rev. 04/11) <br />Contingent Repayment Mortgage Page 23 FRENCH VILLAGE <br />
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