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201302396 <br />35. SECURITY DEPOSITS AND OTHER FEES. Borrower shall not require as a <br />condition of occupancy or leasing of any unit in the Project, any consideration or deposit other than <br />the prepayment of the first month's rent plus a security deposit in an amount not in excess of one <br />month's rent to guarantee the performance of the lease terms. Borrower may charge certain <br />application processing fees such as credit check or criminal background fees or pet deposits. <br />VI. ACTIONS REQUIRING THE PRIOR WRITTEN APPROVAL OF HUD <br />36. ACTIONS REQUIRING THE PRIOR WRITTEN APPROVAL OF HUD. Borrower <br />shall not without the prior written approval of HUD: <br />a. Convey, assign, transfer, pledge, hypothecate, encumber, or otherwise <br />dispose of the Mortgaged Property or any interest therein, or permit the conveyance, <br />assignment, or transfer of any interest in Borrower (if the effect of such conveyance, <br />assignment or transfer is the creation or elimination of a Principal) unless permitted by <br />Program Obligations. Borrower need not obtain the prior written approval of HUD: (i) for <br />a conveyance of the Mortgaged Property at a judicial or non - judicial foreclosure sale under <br />the Security Instrument; (ii) for inclusion of the Mortgaged Property in a bankruptcy estate <br />by operation of law under the United States Bankruptcy Code; (iii) for acquisition of an <br />interest by inheritance or by Court decree; or (iv) for actions permitted under subsection <br />36(g). <br />b. Enter into any contract, agreement or arrangement to borrow funds or <br />finance any purchase or incur any liability, direct or contingent other than for Reasonable <br />Operating Expenses. <br />c. Pay out any funds of the Mortgaged Property: (i) except from permissible <br />withdrawals of Surplus Cash, and (ii) except for Reasonable Operating Expenses and <br />necessary repairs. <br />d. Except from permissible withdrawals of Surplus Cash, pay any <br />compensation, including wages or salaries, or incur any obligation to do so, to any officer, <br />director, stockholder, trustee, beneficiary, partner, member, manager (in the case of a <br />Borrower formed as a Limited Liability Company or Limited Liability Corporation), or <br />Principal of Borrower, or to any nominee thereof. <br />e. Enter into or change any contract, agreement or arrangement for supervisory <br />or managerial services or Leases for operation of the Project in whole or in part except as <br />permitted under Program Obligations. <br />f. Convey, assign or transfer any right to receive the Rents of the Mortgaged <br />Property, except as provided in the Security Instrument. <br />g. Remodel, add to, subtract from, construct, reconstruct or demolish any part <br />of the Mortgaged Property, except as required by HUD under Section 19(c) and except that <br />Borrower may, without the prior written approval of HUD, dispose of obsolete or <br />Revious editions are obsolete <br />Replaces form HUD-92466 (11/02) <br />pR-Regulatory Agreement HA- 92466M (Rev. 4/11) <br />Rage 18 1 VLLAGE <br />