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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 /> 14 <br /> c. Any Distribution of any funds of the Project not permitted by this Agreement or <br /> Program Obligations shall be returned to the appropriate Project account as specified <br /> by HUD immediately. <br /> d. All allowable Distributions shall be made or taken only after the end of a <br /> semiannual or annual fiscal period, and only as permitted by the law of the applicable <br /> jurisdiction. All such Distributions to Limited Dividend Borrowers in any one fiscal year <br /> shall be limited to N/A percent of initial equity, or to such other amounts as may be <br /> specified in Program Obligations, and the right to such Distributions shall be cumulative. <br /> No Distributions may be taken in the case of Public Body or Nonprofit Borrowers unless <br /> permitted by Program Obligations. For all other Borrowers, Distributions, if taken, must <br /> be taken out of the appropriate Project account as specified by HUD within the <br /> accounting period immediately following the computation of Surplus Cash and, if not <br /> taken within the identified period, these funds remain as Mortgaged Property and may <br /> only be used as permitted by this Agreement. The computation of Surplus Cash must <br /> be prepared at the end of the semiannual or annual fiscal period. <br /> e. Equity or capital contributions shall not be reimbursed from Project accounts <br /> without the prior written approval of HUD. Borrower advances for Reasonable <br /> Operating Expenses shall not be deemed to fall under this subsection but rather shall <br /> be treated under Section 15 below. <br /> 15. REIMBURSEMENT OF ADVANCES. Any advances made by any Principal or <br /> by any entity on behalf of Borrower, or for Borrower with respect to the Project must be <br /> deposited into the Project's operating account as required by Program Obligations. Any <br /> Principal or any entity that advances funds on behalf of Borrower or for Borrower for <br /> Reasonable Operating Expenses may be reimbursed from Surplus Cash at the end of <br /> the annual or semiannual period or such other time as may be approved in writing by <br /> HUD. Interest may be permitted on such advances with the prior written approval of <br /> HUD. Such repayment is not considered a Distribution if otherwise approved by HUD. <br /> 16. FINANCIAL ACCOUNTING. Borrower shall keep the books and accounts of the <br /> operation of the Mortgaged Property in accordance with Program Obligations. The <br /> books and accounts must be complete, accurate and current at all times. Posting must <br /> be made at least monthly to the ledger accounts, and year-end adjusting entries must <br /> be posted promptly in accordance with sound accounting principles. Any <br /> Undocumented Expense or Distribution shall be an ineligible Project expense, unless <br /> otherwise determined in writing by HUD. An "Undocumented Expense" is an <br /> expense without sufficient documentation that provides reasonable identification of the <br /> basis of the expense. Books, accounts and records shall be open and available for <br /> inspection by HUD, after reasonable prior notice, during normal office hours, at the <br /> Project or another mutually agreeable location. <br /> Previous editions are obsolete; Regulatory Agreement HUD-92466M(Rev. 04/11) <br /> Replaces form HUD-92466(11/02) <br />
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