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��14��141 <br /> im��ement terms �n this Agreement rather than add or delete pr�visi�ns from such d��ument. <br /> Handbooks, guides, notices, and mortgagee �etters ar� available on HUD's official website: <br /> (htt :Ilwww.hud. ovlofficesladmlhud�li slindex.Cfm or a successor location to that site}. <br /> "Pr�j ect" means any and al1 assets of whatever nature or wherever situated related to the insured <br /> mortgage loan kn�wn by the FHA Project Number listed an the first pag� of th�s Agreement, <br /> including without ��mitation the Mortgaged Property, the Healthcare Facility, the Impra�ements, <br /> and any collateral awned by�perator securing the �nsured martgage loan. <br /> "Reasonabte �perating Expenses" means expenses that aris� from the operation, maintenance <br /> a.nd rautine repair af the Project, including ail payments and d�posits required under this <br /> Agreement and any �f the Loan Documents, and that camp�y with the requirements of 24 �.F,R. <br /> 232.1��7, or success�r regulation. <br /> "Residential Agreement" means a lease, admissi�n agreement ar other resid�nt agreement <br /> betvveen �perator and a resident setting forth the terms of the resident's �iving arrangements and <br /> the provision of any related services. <br /> Z. Any Borrower-�perator Agreement shall be subj ect and subord�nate to �r115 <br /> Agreement, the BorroWer's Se�urity Instrument, the Master Tenant's Regulat�ry Agreement, the <br /> �peratar's Security Agre�m�nt, and the Borrower's Regulatory Agreement. ��erator shall <br /> make �ayments under any Borrower-�perator Agreement when due. If and for s� long as <br /> payments by �peratar to Master Tenant, in�luding without limitation any rent due pursuant to an <br /> �perator Lease, ar� required pursua.nt to a Borrower-�peratar Agreernent, such payments shall <br /> be suffcient to allow Master Tenant to pay Borrower pursuant to the Master Lease such amounts <br /> as shall be sufficient t� all�w Borr�Wer to pay all Bnrr�wer's required mortgage �oan payments, <br /> including without lim�tation, any payments to reserves or escrows f�r taxes or insurance, <br /> payments to replacement reserves, payments to debt service reserves andlor escrows, and t� fund <br /> any maintenance andlor repairs for wh�ch Borrower has responsibi��ty. <br /> 3. APPR�VED USE; PERMITS AND APPR.�VALS. <br /> (a} As used h�re�n, "Appro�ed iTse" means the use �f the Project for the <br /> operation of the Hea�thcare Facility as an as��sted living fa,�i�� �v�th 37 unit� and such other <br /> uses as may be approved in writing frorn time to time by HUD based up�n a request made by <br /> Borrower, Master Tenant, or �perator, but excluding any uses that are dis��ntinued with the <br /> written approval of HUD. �perator shall operate the Healthcare Faci�ity in accordance With the <br /> Approved Use. <br /> �b} As used herein, "Permits and Appro�als" means and includes a�l <br /> certif cates of need, bed authority, pr�vider agre�ments, licenses, permits and appr�vals <br /> reasanably necessaxy t� operate the Healthcaxe Faci��ty or to fund the operation af the Proj ect f�r <br /> the A.pproved LJse. The seCurity interests granted pursuant ta the �peratar's Security Agreem�nt <br /> referred to in Secti�n �1 hereof sha11 const�tute, to the extent permitted by law, a first lien upon <br /> all of�perator's rights, titles and interest, if any, in the Permits and Approvals. Hawever, in the <br /> event af either a monetary �r other default under this Agreement, the Borrower's Re�ulatary <br /> Pre�ivus��rsions obsalete Page 4 of'IS form HUD-9�4SSA-�RCF�Re�. �8113} <br /> Replaces H U D-92466-N H L <br />