201406137 - Laserfiche WebLink

Browse

��14��137 request in writing from HUD shall renegotiate the amounts due under th� Master Lease sa that such amaunts shall be �ufficient to pay for such item�. 2. APPR�VEI3 iJSE; PERMITS AND APPR.�VALS. �a} As used herein, "Appro�ed IJse" mear�s the use of the Pr�ject for the operation of a Healthcare Faci�ity as an as�isted li�ing facil� w�th 37 u� and such other uses as may be appraved in writing fram time to time by HUD based upon a request made by the Borrower, �perator, or Master Tenant, but e�cluding any uses that are discontinued with the written approval of HUD. Master Tenant shall ensure that use �f the Healthcare Facility is in a�cardan�e with the Approved Use. �b} As used herein, "Permits and Approvals" means and includes al� certificates �f need, bed auth�r�ty, pro�ider agreements, licenses, permits an�appra�als reasonably necessary to op�rate the Health�are Facility or to fund the operation of the Proj ect for the Approved Use. The security interests granted pursuant to the Master Tenant's Security Agreement referred to in paragraph 15 hereof shall canstitute, to the extent permitted by law, a frst �ien upon ai� of Master Tenant's rights, titles and interest, if any, in the Permits and Appravals. However, in the ev�nt of either a monetary or other default under this Agreem�nt, the Borrower's Regulatory Agreement, any other regulatory agreernent made for the benef�t of HUD relating to the Proj ect, or any n�te �r security instrument With respect to the Project that is insured or held by HUD, Master Tenant shal� cooperate in any legal and lawfu� manner necessary or required to perm�t the continued operation of the Healthcare Facil�ty for the Approved US� 1riC�LiC�lri�, as determined by HUD, in consultation with the Lender, the necessary canveyance, assignment �r transfer of Permits and Approvals. For th� intents and purpases h�rein, Master Tenant hereby �rrevo�ably nominates and appnints HUD, ar�d with HLTD's pri�r vv�ritten approval, the Lender, their respect�ve successors and assigns of both ea�h in its own capacity, as Master Tenant�s attorney-in-fa�t coupled with an �nterest to do all things that any such attorney�in-fact deems to be necessary or appr�priate in arder to facilitate the �ontinued operation af the Healthcare Facility for the Appro�ed Use, including but not ��mited to the power and authority to provide any and al1 informat�on and data, pay such fees as may be required, and execute and sign in the name of the Master Tenant, its successors or assigns, any and aII do�uments, as may be required by any �overnmenta� Autharity exercising j urisdiction over the Proj��t. The Master Tenant wi�l not alter or terminat�, or suffer �r permit the alterati�r�, relinquishment or termination of any Permit �r Approval � that is issued or he�d in the name of Master Tenant or�perator without the priar written consent of HUD. In the ��ent that any such a�teration, re�inquishment or termination is proposed, upon learning of such proposed Previous��rsi�ns obsalet� Page 4 af'14 form HUD-92337-t]RCF�Re�.431�3}