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20130239G Zl This Agreement is entered into March, t< 2013, between CARMALOR NEBRASKA L.P., a limited partnership organized and existing under the laws of Nebraska, whose address is P.O. Box 711521, Santee, California 92072, its successors, heirs, and assigns (jointly and severally) (Borrower) and the UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, ACTING BY AND THROUGH THE SECRETARY, his or her successors, assigns or designates (HUD). In consideration of, and in exchange for an action by HUD, HUD and Borrower agree to the terms of this Agreement. The HUD action may be one of the following: HUD's endorsement for insurance of the Note, HUD's consent to the transfer of the Mortgaged Property, HUD's sale and conveyance of the Mortgaged Property, or HUD's consent to other actions related to Borrower or to the Mortgaged Property. Further, Borrower and HUD execute this Agreement in order to comply with the requirements of the National Housing Act, as amended, and the regulations adopted by HUD pursuant thereto. This Agreement shall continue during such period of time as HUD shall be the owner, holder, or insurer of the Note. Upon satisfaction of such Note, this Agreement shall automatically terminate. However, Borrower shall be responsible for any Violations of this Agreement which occurred prior to termination. Violation of this Agreement may subject Borrower and other signatories hereto to adverse actions. Refer to Article VII below. AGREEMENTS: Borrower and HUD covenant and agree as follows: I. DEFINITIONS 1. DEFINITIONS. Any capitalized term or word used herein but not defined shall have the meaning given to such term in the Security Instrument between Borrower and Lender or the Note. The following terms, when used in this Agreement (including when used in the above recitals), shall have the following meanings, whether capitalized or not and whether singular or plural, unless, in the context, an incongruity results: a. "Affiliate" is defined in 24 C.F.R. 200.215, or any successor regulation. b. `Borrower" means all entities identified as "Borrower" in the first paragraph of the Security Instrument, together with any successors, heirs, and assigns (jointly and severally). "Borrower" shall include any entity taking title to the Mortgaged Property whether or not such entity assumes the Note. Whenever the term "Borrower" is used herein, the same shall be deemed to include the obligor of the debt secured by the Security Instrument and shall also be deemed to be the mortgagor as defined by Program Obligations. Previous editions are obsolete Replaces form11.0 -92466 (11/02) c. "Business Day" is defined in Section 46. d. "Declaration of Default" is defined in Section 38. (Regulatory Agreerrent lW92466M(Rev.4/11) P a g e 2 F 1 VLLAGE