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2� 1 ���43� <br /> shal� be provided o�dema.r�d. A�� anrival-financial reports furnish�d t� HUI]req�ired herein <br /> shall be furn�shed in accordance with 24 �.F.R. 5.841 and other Pragra�. �b�igatio�s, and shall <br /> �nc�ude a certifica��on �n content and form�rescribec�by HUD and cer�xf�ed by B�rrawer. <br /> �b� In addition, except as.otherw�se provided in this Section 2�, annual financial <br /> reports s�al� be aud�ted in accordance with�enerally Accepted Auditing Standards (�AAS� and <br /> �avernment Auditing Standards (GA�), and certified by a certified pub�ic accauntant��censed or <br /> certif�e�by a regu�atary authority�f a state or other political subdivisinn af the United States, <br /> which auth�r�ty makes such certified public accauntant subj ect to regulations, disc�plinary <br /> measures, or c�des of eth�cs prescribed by IaW. Suc�i certified public accountant must ha�e no <br /> bus�ness relationship with B�rrow�r other than for the provision of tax cansulting and return <br /> pr�paration and auditing services. <br /> (c� Any Non-Pr�fit Borrower sha�l submit aud�ted ar�nual financ�a� repar�s, as <br /> applicab�e, pursuant to federa� not�ce (e.g., �ff ce of Management and Budget �ircular A-�3 3�. <br /> H�wever, notWithstanding any additional time provided for Non-Profit Borrowers ta submit <br /> audited annual financial reports, su�h Borrowers shall sti�l be required to submzt unaudited <br /> annual financial reports pursuant to Section 2�(a�, except that, for Borrowers that elect to submit <br /> their required audited annual financial reports early ��.e. within the time specified in Section <br /> ��(a}}, the requirement to submit unaudited annual f�nar�cial reports shali be wa�v�d. <br /> (d� If B�rrower fa�ls t� submit an�annual financial report required by this Section Z� <br /> within n�nety (9�} days of the required due date, HUD, at its so�e el�ctian, and w�thout relieving <br /> Borrawer of its requir�ment t� fi�e such report, may thereafter�xamine, or cause to be examined <br /> at Borrow�r's ex�ense, the boo�s and records of Borrower and the Project for purposes of <br /> preparing a report of the operatians of the Project f�r HUD's use. <br /> (e} Auditing costs and tax return preparation c�sts may b� charged as Reasonable <br /> �perating Expenses only to the extent they are required of B�rraw�r�tself by state law, the <br /> Internal Revenu� Service �"IRS"}, the Se�ur�t�es and Excha.r�ge �ommission, or HUD. Neither <br /> IRS audit costs nor costs �f tax return preparat��n for partners, members, shareholders, Principals <br /> or Affi��ates of Borrower are considered R�as�nab�e �perating Expenses. <br /> IV. PR�JECT MANA�EMENT. <br /> �1. PRESERVATI�N, MANAGEMENT AND MAINTENANCE �]F THE <br /> M�RT�A�EI] PR�PERTY. Borrower(a} shal� not c�mmit ar permit Waste, (b} shall not <br /> a�and�n the Mortgaged Property, (c} shall rest�re or repa�r promptly, or cause to be restored or <br /> repaired promptly, in a good and Wor�man�ike manner, any damaged part of the Pr�j ect to the <br /> equ�valent�f xts original candit�on, or such ath�r condition as HUD may appr�ve in writing, <br /> Whether�r not litigation�r insurance proceeds or condemnation awards are ava�lab�e t� cov�r <br /> any costs of such restoration or repair, and �d} shall keep, ar cause to b�k�pt, the Praject in <br /> de�ent, safe, sanitary condition and good repair, including the replacement of Personalty and <br /> F�xtures W�th items �f equal �r better function and qua�ity. �bligatians �a� through (d� of this <br /> Sect�on 2� are abso�ute and unconditional and are not limited by any conditions precedent and <br /> Pre�ious versi�ns obsolete Page'�6 of 3fi form HUD-9246fi-�RGF �061���4} <br />