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. ��14��141 This Healthcare Regulatory Agreement — �perator �this "Agreement"} is entered into th�s lst day of September, 2�14, between ,�rand I�land Bickford Cottage �pco�,_,LL�, a limited liabilitY com�anY organi2ed and existing under the laws of Kansas, whase address is �lo Eb_y Realt_y �roup, L.L,�., 13795 Sauth Mur-Len Road, Suite 3D1,_��athe, Kansa� � - 56�52, its success�rs, heirs, and assigns �jointly and severa��} ("Uperator"} and the U.S. Department of Housing and Urban Developm�nt, acting by and through the Secretary, his or her successors, assigns or designates ("HUD"}. If �perator is also Borrower, references to "Borrower" herein sha11 refer tn �perator and the Borrower's R�gulatory Agreement, as defined below, �s incor�orated herein by this reference. In cansideratian of HUD's consent to the Borrower-�peratar Agreement, HIJI] and �perator agree to the terms of this Agreement. HUD and �perator e�e�ute this Agreem�nt in arder to comply With Program �biigations, with the requirements �f the Nativnal Housing Act, as amended, aend the regulations adopted by HUD pursuant thereto. Th�s Agreement shali continue during such period �f time as HUD shall be the �v�mer, holder, or ir�surer af the N�te. Upon satisfaction of the N�te, as ev�den�ed by the d�s�harge or release of the Borro�ver's Security Instrument, this Agreement sha�l automatically terminate. However, �perator shall be responsible for any violations of this Agreernent which occurred�rior to terminatian. V�alations af this Agreement or Program �b�igations may subject �perator and other signatories hereto to adverse actions. �o�enants. �pQratar and HUD c�venant and agree as follaws: 1. DEFINITI�NS. Any capita�ized term or word used herein but not defined shall have the meaning given ta such term in the Borrnwer's Security Instrument. The fol�owing terms, when used in this Agreement (inc�uding when used in the abo�e recitals}, sha11 have the fo�lowing meanings, Whether capitalized �r not and v�rhether singulax or plural, un�ess, in the �ontext, an incongruity results: "AR Financing Da�uments"means the d�cuments approved by HUI] evidencing, securing, and made as a canditian to any accaunts receivable loan to �perator in conne�tion with the Proj ect. "Borrower" shall mean �rand Island Bickford,.�otta�e, L.L.�., a l�mited liabilit_y companY organized and existing under the.laws of I�ansas,the Borrower in connection vvith the Proj ect and a party to the Borrower's Security Instrum�nt. Borrower is sometimes referred to in the Loan Dacuments or in Program �b�igations as the "�wner" or the "Mortgagar." "Borrow�r-�perator Agreement" means any agreement relating ta op�ration �f the Healthcare Facility by and betvveen Ma�ter Tenant and�perator, including any �perat�r Lease. "��rrawer's Regulatory Agreement" means that certa�n Healthcare Regulatory Agreement — Borrow�r dated as of e�en date herewith, relating to the Project, and made by and betWeen Borrower and HUD. Pre�ious vers�ons vbsvlete Page�af'I fi form H U a-924fiGA-�RC F �Re�. �8113} Replaces HUD-9�46fi-NHL