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201303290 <br /> 26 <br /> refused by it shall be deemed for purposes of this Section 46 to have been received by <br /> the rejecting party on the date so refused or rejected, as conclusively established by the <br /> records of the U.S. Postal Service or the courier service. <br /> BORROWER: Great Plains Platte Valley Apartments, Inc. <br /> 7612 Maple Street <br /> Omaha, Nebraska 68134 <br /> LENDER: Lancaster Pollard Mortgage Company <br /> 65 East State Street, 16th Floor <br /> Columbus, Ohio 43215 <br /> 47. [INTENTIONALLY OMITTED] <br /> 48. CONFLICTS PROVISION. Borrower shall comply with the requirements set <br /> forth in this Agreement as well as any other agreement Borrower enters into with HUD. <br /> However, if a conflict exists between this Agreement and any other HUD agreement <br /> executed by Borrower, the agreement which imposes the more restrictive requirements <br /> on Borrower shall control. <br /> 49. THIRD PARTY BENEFICIARY. Borrower agrees that it is not a third-party <br /> beneficiary to the Contract of Insurance between HUD and Lender, as more fully set <br /> forth in 24 C.F.R. Part 207, Subpart B. <br /> SECTION IX. NON RECOURSE <br /> 50. NONRECOURSE DEBT. The following individuals/entities as identified in the <br /> "Firm Commitment" (which means the commitment for insurance of advances or <br /> commitment for insurance upon completion issued to Lender by HUD under which the <br /> debt evidenced by the Note is to be insured pursuant to a Section of the Act, dated <br /> February 1, 2013, as amended): <br /> Great Plains Platte Valley Apartments, Inc. <br /> do not assume personal liability for payments due under the Note and Security <br /> Instrument, or for the payments to the Reserve for Replacements, or for matters not <br /> under their control, provided that said individuals/entities shall remain personally liable <br /> under this Agreement only with respect to the matters hereinafter stated; namely: (a) for <br /> funds or property of the Project coming into its hands which, by the provisions hereof, it <br /> is not entitled to retain; (b) for authorizing the conveyance, assignment, transfer, <br /> pledge, encumbrance, or other disposition of the Mortgaged Property or any interest <br /> therein in violation of Section 36(a) of this Agreement without the prior written approval <br /> Previous editions are obsolete; Regulatory Agreement HUD-92466M(Rev.04/11) <br /> Replaces form HUD-92466(11/02) <br />