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201303290 <br /> 12 <br /> the power and authority to direct that the Residual Receipts, or any part thereof, be <br /> used for such purpose as it may determine. <br /> 12. PROPERTY AND OPERATION; ENCUMBRANCES. <br /> a. Borrower shall deposit all Rents and other receipts of the Project in connection <br /> with the financing of the Project, including equity or capital contributions required under <br /> the Firm Commitment or otherwise advanced for the purpose and as part of the <br /> Mortgaged Property, in the name of the Project in a federally insured depository or <br /> depositories and in accordance with Program Obligations. (Equity or capital <br /> contributions shall not include certain syndication proceeds, such as proceeds from Low <br /> Income Housing Tax Credit transactions used to repay bridge loans from <br /> members/partners of Borrower, all as more fully set forth in Program Obligations.) Such <br /> funds shall be withdrawn only in accordance with the provisions of this Agreement for <br /> Reasonable Operating Expenses of the Project or for Distribution of Surplus Cash or as <br /> reimbursement of advances as permitted by Sections 14 and 15 below; or for permitted <br /> deposits authorized by this Agreement or for any other reason authorized under this <br /> Agreement. Any person or entity receiving Mortgaged Property other than for payment <br /> of Reasonable Operating Expenses, authorized Distributions of Surplus Cash, or for <br /> any reason authorized under Section 36 of this Agreement, shall immediately deliver <br /> such Mortgaged Property to the Project and failing so to do shall hold such Mortgaged <br /> Property in trust. <br /> b. Borrower shall not engage in any business or activity, including the operation of <br /> any other project, or incur any liability or obligation not in connection with the Project, <br /> nor acquire an Affiliate or contract to enter into any affiliation with any party except as <br /> otherwise approved by HUD. <br /> c. Borrower shall satisfy or obtain a release of any mechanic's lien, attachment, <br /> judgment lien, or any other lien that attaches to the Mortgaged Property or any part <br /> thereof. <br /> d. Penalties, including but not limited to delinquent tax penalties, shall not be paid <br /> from the Project. <br /> e. Borrower shall promptly notify HUD of the appointment of any receiver for the <br /> Project, the filing of a petition in bankruptcy or insolvency or for reorganization. <br /> f. Borrower shall keep the Mortgaged Property insured at all times in accordance <br /> with the Security Instrument and Program Obligations, and Borrower shall notify HUD of <br /> all payments received from an insurer. <br /> Previous editions are obsolete; Regulatory Agreement HUD-92466M(Rev.04/11) <br /> Replaces form HUD-92466(11/02) <br />