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��14��133 <br /> t <br /> Instrument or in the Note. Following a�a�enant E��nt of I]efault, Lender, at Lender's option, <br /> but so long as the Laan is insured or held by HUD, only after rece�pt of the priar written <br /> approval of HUD, may declare the Indebtedness to be immediately due and payab�e without <br /> further demand, and may in�oke the power of sale anc�any other remedies permitted by <br /> applicable law or provided in this Security Instrument or in the Note, �r seek the appointment of <br /> a recei�er for the Healthcare Faci 1 ity. Borrower acknowledges that the power of sale �ranted in <br /> this Security Instrument may be exercised by Lender vvithout prior judicial hearing. Lender shail � <br /> be entitled ta col�ect all costs and expenses incurred in pursuing such remedies, including <br /> reasonable attorneys' fees �including but not l�m�ted to appellate �itigation�, costs of <br /> documentary evidence, abstracts and title reports. <br /> See Exhibit B—Modifications to the Security Instrument,attach�d hereto and by this <br /> referenc� made a part hereof. <br /> 44. FEDERAL REMEDIES, In addition to any rights and remedies set farth in the <br /> Borrower's Regulat�ry Agreement, HUD has rights and remedies under federal law so long as <br /> HUD is the insurer�r ho�der of the Loan, including but nat l�mited to the right to foreclose <br /> pursuant to the Multifamily Mortgage Foreclosure A�t of 1981, 12 U.S.C. 37�I et seq., as <br /> amended, when HUI] is the holder of the Note. <br /> 45. REMEDIES F�R WASTE. In additior�to any other rights and remedies set <br /> farth in the Note and this �ecurity Instrument or th�se available under applicable law, including <br /> exemp�ary damages where permitted, the following remedies far Waste by Borrower are <br /> a�ai�able to Lender as necessary ta gi�e complete redress to Lender for L�nder's loss or damage: <br /> �a} the exerc�se of the remedies available to Lender during the existen�e of a <br /> Cavenant Event of D�fault, as set forth �n S�ct�on 43 of this Security Instrument; <br /> (b} an injunction pr�hibiting future �Vaste �r requiring correction of Waste a�ready <br /> committed, but oniy ta the extent that Waste has impaired or threatens to impair Lender's <br /> security; and . <br /> �c} reco�ery of damages, limited by the amount of Waste,to the extent that Waste has <br /> impaired Lender's security. So long as the Loan is insured ar held by HUD, any reco�ery af <br /> damages by Lender or HUD for Waste shall be applied, at the sole discretion of HUD, �1}t� <br /> fees, costs and expenses �including reasnnable attorneys' fees} incurred by Lend�r; �Z�to remedy <br /> Waste of the M�rtgaged Property, �3}to the Indebtedness or�4} for any ather purpose designated <br /> by HUD. <br /> 46. TERMINATI�N UF HUD RI�HTS AND REFEREN�ES. At such time as <br /> HUD no longer insures or holds the Note, �a} all rights and responsibilities of HUD shall <br /> conciude, all m�rtgage ir�surance and references to mortgage insurance premiums, all references <br /> to HUD, Ginnie Mae and Program �bligations and related terms and pro�isions sha�l cease, and <br /> a1�rights and ahligatians of HUD shall terminate; (h} all ob�igations and r�sp�nsibi�ities of <br /> Borrower ta HLJD sha11 likewise terminate; and�c} al1 nb�i�ations and responsibilities of Lender <br /> to HUD shall likevvise terminate; pro�ided, hovv�ver, t7�t}71r1g C�I1ta.117eC� 117 t�115 SeCt1�I7 46, shali <br /> in any fashian discharge B�rro�ver fr�m any obligati�ns to HUD under the Borrower's <br /> Pre�iaus�ersions obsolete Page 32 of 4D form HLJD-940��-�RCF�Rev.03113} <br />