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201406141
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Last modified
7/20/2017 8:56:28 PM
Creation date
9/26/2014 2:28:18 PM
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DEEDS
Inst Number
201406141
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��14��141 <br /> Z�. B��KS, A���UNTS, FINAN�IAL REP�RTS, AND FINAN�IAL <br /> �UVENANTS. <br /> �a� �perator shall keep the books and accounts of the �p�ration of the <br /> Healthcare Facility �n ac�ordance w�th Program �b��gations, to the extent not in��nsistent With <br /> state requirernents, which would allow for the audit of the Project. F�nan�ia� rec�rds of�perator <br /> and the Healthcare Fac�lity shall b� complete, accurate ar�d current at all times. Posting must be <br /> made at least manthly to the ledger ac��u.nt�, and year-end adjusting entries must be posted <br /> promptly �n accordance with sound accounting principl�s. All expend�tures in cannecti�n with <br /> the Healthcare Facility must be fu��y dacumented so as to pro�ide reasonab�e assuraence ta all <br /> persons �r �nt�ties that rev�ew such expenditures that such expenditures are R.easonable <br /> �perating Expenses. Undo�umented �xpens�s sha�l not be considered Reasonable �perating <br /> Expenses. <br /> �b} Except as provided in the AR F�nanCing I]o�urnents or as otherwise <br /> appro�ed by HIJI], �peratar must deposit in an aperating account in the �perat�r's name, �n <br /> . trust for the Project, �the "Healthcare Facility �perat�ng Account"} aIl revenue it receiv�s in <br /> conr�ection With the business �t conducts w�th respect ta the Healthcare Fa���ity or �n a general <br /> �ollection account maintained for �perator and affiliated operators, provided deposits to such <br /> general collection account can be traced to the app�icable facility that generated such deposit. If <br /> HUD determines that such deposits cannat be reliably and readily so traced, HUD may d�rect <br /> �perat�r t� depasit such funds in a segregated operat�ng a�count. The a���unt must be with a <br /> financial �nstitution whose deposits are insured by an agency of the federal �avernment, provided <br /> that an account held in a.n instituti�n approved by the Governmer�t Nationa� Mortgage <br /> Assoc�atian may have a balance that exceeds the amaunt to which such deposit �nsurance is <br /> limit�d. �perator may transfer funds fr�m the Healthcare Facility ��erating Accaunt to one or <br /> more central �lisbursement ar other accounts �which need not be in th� nam� of �perator} in <br /> Wh�ch such funds are cammingled with other funds, provided that a complete and a�curate <br /> accounting of su�h funds �including deposits and disbursernents } is maintained. <br /> �c� Unless otherwise spe�ifi�d by HUD, �perator sha�1 submit to HUD and <br /> Lender, on a�uarter�y and �ear-to-date basis ��r more frequent�y if specified by HUD}, prepared <br /> and certified by an authorized representative or agent of�peratar, such f nan�ial reports relat�ng <br /> to the aperati�n of the Healthcare Facility �including, but not limited to, financia� statements, <br /> accounts receivablelpaya�le aging reports and occupanc� reports} in the formats and at such <br /> times as may be approved by HUD in accardance With Program �bligations. Such reports must <br /> be submitted no later than thirty (3�� days after the period covered by the reparts, except for <br /> reports relating to the fina� quarter of each year, which shall be submitted no later than sixty ���} <br /> days after end �f the fiscal year. Su�h reports are subj�ct to the sanctions contained in 1 S U.S.�. <br /> S�Ctl�r15 1��1, 1�1�, and 1 D 12. �perator shall subm�t,t� HUD and Lender, simultar�eously with <br /> any su�h report that demonstrates negative Healthcare Facility ��rking �apztal, a plaen to restore <br /> positive H�althcare Facility Working �apital. <br /> �d} If�perat�r �or any direct or indire�t principal of�perator} �s required to <br /> provide an audited f nancial statement to any lender, �perator shall simu�tane�usly provide <br /> copies of such audited financial statements to HLJD and Lender. If HUD has reason to believ� <br /> Previaus versions obsolete Page'I 3 of't S farm H U D-9Z4��A-�RC F�Re�. �8113} <br /> Replaces HUD-9246�-NHL <br />
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