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201303290
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Last modified
12/31/2013 3:00:35 PM
Creation date
4/29/2013 12:22:33 PM
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DEEDS
Inst Number
201303290
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201303290 <br /> 11 <br /> amount is established by HUD. At least every ten years, starting from the date of initial <br /> or initial/final endorsement of the Note, and more frequently at HUD's sole discretion, <br /> Borrower shall submit to HUD a written analysis of its use of the Reserve for <br /> Replacement during the prior ten years and the projected use of the Reserve for <br /> Replacement in accordance with Program Obligations. The amount of the monthly <br /> deposit may be increased or decreased from time to time at the written direction of <br /> HUD without a recorded amendment to this Agreement. <br /> c. Borrower shall carry the balance in this account on the financial records as a <br /> restricted asset. The Reserve for Replacement shall be invested in accordance with <br /> Program Obligations, and any interest earned on the investment shall be deposited in <br /> the Reserve for Replacement for use by the Project in accordance with this Section 10. <br /> d. Disbursements from the Reserve for Replacement shall only be made after <br /> consent, in writing, of HUD. In the event of a Declaration of Default under the terms of <br /> the Security Instrument, pursuant to which the Indebtedness has been accelerated, a <br /> written notification by HUD to Borrower of a violation of this Agreement or at such other <br /> times as determined solely by HUD, HUD may direct the application of the balance in <br /> such account to the amount due on the Indebtedness as accelerated or for such other <br /> purposes as may be determined solely by HUD. <br /> e. In the case of a transfer of the Mortgaged Property where the Project is already <br /> subject to a Security Instrument insured or held by HUD as of the date hereof, and this <br /> Agreement is now being executed by Borrower as of the date hereof, the Reserve for <br /> Replacement now to be established shall be equal to the amount due to be in such <br /> account under this Agreement, and payments hereunder shall begin with the first <br /> payment due on the Security Instrument after acquisition, unless some other method of <br /> establishing and maintaining the account is approved in writing by HUD. <br /> f. Upon Borrower's full satisfaction of all HUD obligations, Borrower shall receive <br /> any monies remaining in the Reserve for Replacement. <br /> 11. RESIDUAL RECEIPTS. Section 221(d)(3) and 231 Non-Profit, Public Body, and <br /> Limited Dividend Borrowers shall establish and maintain, in addition to the Reserve for <br /> Replacement, a Residual Receipts account by depositing with Lender the Residual <br /> Receipts within ninety (90) days after the end of the annual fiscal period within which <br /> such receipts are realized. Such account shall be held by Lender or by a safe and <br /> responsible depository designated by Lender in accordance with Program Obligations, <br /> in an interest-bearing account which shall be insured or guaranteed by a federal agency <br /> and in accordance with Program Obligations. The Residual Receipts shall be under the <br /> control of HUD, and shall be disbursed only on the direction of HUD, which shall have <br /> Previous editions are obsolete; Regulatory Agreement HUD-92466M(Rev. 04/11) <br /> Replaces form HUD-92466(11/02) <br />
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