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2� 1 ��43� are not continge�t on the a�ai�ability of financial assistance fram HUD or a�HUD's performance �f a�y administr�tive �r contractual �bl�gatior�s. In the eve�t a�� or any of the Improveme�ts �ha�� b� destroyed or damaged by f�re, by an ex�rcise of the p�wer o�ea�ninen.t d�m�i�, by fa��ur� �f warrant�, �r- other casuaity,the money derived from ar�y sett�ement, j ud�m�nt, or insurance on any parti�n of the Pr�j ect sha1� he appl�ed in accordance w�th the te�-ms af Program �bligations and the Borrower's Security Instrument ar as otherwise may be di�ected in writing by HUD. Z2. FL��D HAZARI)S. Borrower shal�maintain, or cause to be ma�ntained, fl��d �nsurance as required by Program �bl�gations. Z3. ��NTR.ACTS F�R G��D� AND SERVICES. Consistent with Pr�gram �b�igatians, ta the extent that Borrower obtain, �r caus�ta be obta�ned, contra�ts for ga�ds, materials, supplies, and s�rvices ("Goods and Ser-�ices"�, it shal� do so at costs, amounts, and terms that do not exceed reasanable and necessary �evels and those customari�y paid in the v�c�nity of the Land for Goods and Serviees rece�ved. The purchas�price of�oods and Services shal�be based on qual�ty, dura�xlity a.nd scope of work. Reasonable �perating Expenses do not includ� amounts paid for betterments as defined�n the Property Jurisdiction or the Impr�vem�nts unless determ�ned by HUD to be prudent and appropriate. If the Borrower is a�quiring goods and serv�ces wh�se c�sts exceed five percent(5.��°/o} af the Healthcar� Faci��ty's gross annual rev�nue, Borr�vver sha�l soiic�t written cost est�mates. Barrower sha�� keep copies af a�l written cast estimates and contracts or other�nstruments relating t� the Proj�ct, al� or any of which may be subject to �nspection and examination by HUD at the Proj�ct or other mutually agr�eab�e l�cat�an. Z4. RESP�NSIVENESS T� IN�UIRIES. At the request of HUI], B�rr�wer shall prompt�y furnish or cause to be furnished operating budgets and occupancy, accounting and other reports �including credit reports} and g�ve or cause to be given specific answers to questions relat�ve to income, assets, liab�lities, contracts, operati�n, and canditions �f the Proj ect and the status nf the B�rrawer's S ecurity Instrurnent. 25. PERMITS AND APPR�VALS. �a} Borr�wer sha�i at all times cause �p�rator, or any �essee ar management agent, as appli�ab�e, to ma�ntain in fu11 f�rce and effect, aIl appropriat� certificates of need, bed authority, pr�vider agreements, licenses, permits and approva�s reasonably necessary to operate the Healthcar� Fa�ii�ty or to fund the operat�on of the Proje�t for the Apprav�d Use �collectively, the "Permits and Approvals"�. Without th�prior written consent of HUD, none of the Permits ar�d Approvals shall be c�nveyed, assigned, encumbered, tran�ferred or a�ienated frnm the Healthcare Faci��ty or the Pr�j�ct (n�r shal�they be relinqu�shed to any 1ic�nsing or certification auth�rity�. Borrov�er sha1� ensure that the Hea�thcare Facility and the Praject are at a��times operat�d in accordance with the requirements of the Permits and Approva�s. (b� The secur�ty interest referred to i� Secti�n Z7 belovv sha1� c�nstitute, to the extent perm�tted by law, a first�ien upon a�l of the rights,titles and interests of Borrower, �f ar�y, in th� Previous�e�sions obsol�te Page'17 of 3S fo�m HU�-�246fi-�R�F (��120'�4}