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<br /> Agreement, any other regulatory agreement made for the benefit of HUD re�ating to the Project,
<br /> or any n�te or security instrument with respe�t to the Proj ect that is insur�d or held by HUI],
<br /> �perator shall cooperate in any lega� and Iawfu� manner necessary or required to perrnit the
<br /> cont�nued operation of the Healthcare Facility for the Approved Use including, as determined by
<br /> HUD, in consultation with Lender, the necessary conveyance, assignment or transfer of th�
<br /> P�I"�rilt5 and Appr�vals. For the lI1t�IltS and purpnses herein, �peratar hereby irre�ocab�y
<br /> nominates and appoints HUD� and with HUD's prior written approval, Lender, and the
<br /> respective suc�essors and assigns of ea�h in its �vvn capa�ity, as �perat�r's attorney-in-fa�t
<br /> �oupled With an inter�st t� da all things that any such attarney-in-fact deems to be necessary or
<br /> appropr�ate �n order to facilitate the cantinued ��eration of the Healthcare Fac��ity for the
<br /> Approved Use, includ�ng but not �imited to the power and authority to pravide any and a��
<br /> information and data, pay such fees as may be required, and exe�ute and sign in the name of
<br /> �perator, its successors �r assigns, any and a�l documents, as may be required by any
<br /> governmental entity exercising jurisdiction over the Pr�j ect. �perator shal� nat alter or
<br /> terminate, or suffer or permit the alteratinn, relinquishment or termination of any of the P�rmits
<br /> and Apprava�s that are issued or he�d in the name af�perator without the prior written cansent
<br /> of HUD. In the event that any such alteration, re�inquishment or t�rmination is proposed, upon
<br /> learning �f such proposed alteratian, relinquishrnent or termination, �perator shali advise H�TD
<br /> and Lender promptly.
<br /> (c) Ex�ept as otherwise pr�vided below or �n Program �bligations, �perator
<br /> sha11 electranically deliver, within two �2} Business Days after �peratar's receipt thereof, to the
<br /> assigned HUD personnel and Lender ele�tronica��y, copies of any and all not�ces, reparts,
<br /> surveys and other corresp�ndence (regardless of form} rece�ved by �perator from any
<br /> governmental entity that in�ludes any statement, finding or assertion that�i� �perator �or any
<br /> �rincipal, �fficer, dir��tor or emp�oyee of �peratvr}, any management agent, the Healthcare
<br /> Fac��ity, �r any porti�n of the Project is �r may be in violati�n of�r default under any of the
<br /> Permits and Approvals or any g�vernrn�ntal requ�rements appli�able to the operation of the
<br /> Hea�thcare Facility, (ii} any af the Permits and Approvals are t� be term�nated, ��mited in any
<br /> way, �r not renewed, �iii} any Givil m�ney penalty is be�ng imposed with respect ta the
<br /> Healthcare Faci��ty, or �iv} �perator�or any principal, officer, director or employee of�perator},
<br /> any manag�ment agent, the Healthcare Fa��lity, or any p�rtion of the Proj ect is subj ect to any
<br /> g�vernmental �nvestigation or inquiry inv�lvi�g fraud. �perator shali als� de�iver to the
<br /> Proje�t's HUD-assigned personnel and Lender, simu�taneous�y with d��i�ery thereof ta any
<br /> governmenta� authority a.r�y and a�l respnnses given by ar an behalf of �perator to any of the
<br /> foregoing and shall pr�vide to the HUD personnel and Lender, prornpt�y upvn request, such
<br /> information regarding any �f the foregaing as HUD or L�nder may request. Unless otherwise
<br /> requested by HUD, the reporting requirements of this provision shali not enc�mpass regu�atars'
<br /> communi�ations relat�ng sole�y ta LiCensed Nursing Faci�ity sur�eys where the most se��re
<br /> citation level is at th� "G" lev�l or its equivalent �pursuant to �MS State �perations Ma,nual,
<br /> �hapter 7, as may hereafter be edited �r updated, or any successor guidanc�� un�ess a c�tation at
<br /> such level is e�ther �i} unresoZved from the tWa m�st recent consecutive prior surveys, or�ii} is a
<br /> repeat violation having the same �itatian number. More��er, un�ess oth�rwise requested by
<br /> HUI] �r Lender, the initial c�mmunication from the �peratar pursuant to this paragraph shall be
<br /> a n�tice by email to the Lend�er des�ribing the conduct cited, the scope ar�d duratian af
<br /> Pre�iaus�ersions absolete Page 5 vf'I s form H U D-924fiSA-�RC F�Rev. �81'I 3}
<br /> Replac�s H U D-9�4��-N H L
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