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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 /> 7 <br /> other services provided at the Mortgaged Property, whether now due, past due, or to <br /> become due, Residual Receipts, and escrow accounts, however and whenever funded <br /> and wherever held. <br /> dd. "Reserve for Replacement" is defined in Section 10. <br /> ee. "Residual Receipts" is a term that applies to certain funds held by Non-Profit, <br /> Public Body and Limited Dividend Borrowers whose Notes are insured or held by HUD <br /> pursuant to Section 220, Section 221(d)(3) and 231 of the National Housing Act, as <br /> amended. Residual Receipts are calculated by determining an amount of Surplus Cash <br /> (defined below). <br /> After the calculation of Surplus Cash, as described below, Borrower may make any <br /> Distributions permitted by this Agreement. "Residual Receipts" shall be the restrictive <br /> cash held by Section 220, Section 221(d)(3) and 231 Non-Profit, Public Body, and <br /> Limited Dividend Borrowers remaining after any allowable Distributions. The use of <br /> these Residual Receipts is restricted under this Agreement. <br /> ff. "Security Instrument" means the Multifamily (Mortgage, Deed of Trust, or other <br /> designation as appropriate by Property Jurisdiction), Assignment of Leases and Rents <br /> and Security Agreement (HUD-94000M), and any other security for the Indebtedness <br /> between Borrower and Lender, and shall be deemed to be the "mortgage" as defined <br /> by Program Obligations. <br /> gg. "Surplus Cash" means any cash plus amounts received under Section 8 <br /> project-based subsidy payments (earned in the applicable fiscal period) remaining after: <br /> (1) The payment of: (i) all sums immediately due or currently required to be paid <br /> under the terms of the Note, the Security Instrument and this Agreement on the first day <br /> of the month following the end of the fiscal period; including without limitation, all <br /> amounts required to be deposited in the Reserve for Replacement or other reserves as <br /> may be required by HUD; and (ii) all other obligations of the Project (accounts payable <br /> and accrued, unescrowed expenses) unless funds for payment are set aside or <br /> deferment of payment has been approved by HUD, and <br /> (2) The segregation and recording of: (i) an amount equal to the aggregate of all <br /> special funds required to be maintained by Borrower; (ii) the greater of Borrower's total <br /> liability or the amount held by Borrower for tenant security deposits; and (iii) all <br /> accounts and accrued items payable within thirty (30) days after the end of the fiscal <br /> period. <br /> Previous editions are obsolete; Regulatory Agreement HUD-92466M(Rev.04/11) <br /> Replaces form HUD-92466(11/02) <br />
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