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2� 1 ��43� 35. VI�LATI�N �F AGREEMENT. The �ccurrence of�ny ane �r more o�the fol��wi�g shall constitute a"Vxo�at�on"ur�c�er th�s Agreement: �a} Any failure by BorroWer to comp�y with any o�the pr�visior�s of th�s Agreemer�t; (b} Any fa��ure by Borrower ta cor�ply w�th any�f the provisions af any ot�er of th� Loan Docunlents;. (c� Any fraud or material misrepresentat�on�r material omissian by Barrower, any of �ts office�s, directors, trustees, general partners, members, managers, emp�ay�es, repr�sentatives �r managing agent�n connection with �1� any financia� statement, rent ro11 or ather report ar informati�n provided to HUI] during the term of this Agre�ment or�2� any request for HUI]'s consent to any praposed a�t�on, includ�ng a requ�st for disbursement of funds from any restricted aceount for which HUD's prior written a�prova� is r�quired; or �d} The c�mmencement�f a forfeiture action or pr�ceeding, whether civi� ar crimxna�, which, in HUD's reas�nable judgment, cau�d result in a forfeiture af the M�rtgaged Property or oth�rwise materia��y �mpa�r Lender's andlor HUD's interest in the Mortgaged Property. 36. N�TI�E �F VI�LATI�N AND EVENT �F DEFAULT. (a� At any time during the exi stence of a V iolat�on, HUD may giv�vvritten notice of such Vio�atian to B�rrawer [the "Vio�ation Not��"}, addressed t� the addresses stated�n this Agre�ment, or such other addresses as may subsequ�ntly, up�n appropriate written Notice ta HUD and Lender, be designated by Borrower as �ts lega� business address. Borrower shal�have th�rty �3�} days to cure, or cause to be cured, any Violation descr�bed in the Violation Notice, pravid�d that HUD shall extend such th�rty (3�} day period by such time as HUD may reasonabiy d�termine �s necessary to correct the V�nlation for sa long as, HUD �etermines, in its discretion, that: �i} Borrower is timeiy satisfy�ng a11 payment obligations in the Loan Dncuments; ��i} nane of the Perm�ts and Approva�s is at substantial and imminent risk of being terminated; (i�i} such vi�lat�on can.not reasonably be corrected during such thirty �3�} day per�od, but can reasona�ly be corrected in a timely manner, and �iv� Borro,wer ar �perator commen�es to correct such Violation, �r cause such correction to i�e comm�nc�d, dur�ng such thir�y (3�} day p�riod and thereafter dilxgently and continuously proc�eds ta correct, or cause corr�ct�on of, such V�olation. If, after delivery of such Violat�on Natice and appl�cab�e cure period, the Violati�n �s nat corrected to the sat�sfaction �f HUD, HUD may declare an E�ent of Default under this Agreement without further Notice. Alternatively, if n�cessary in HUD's determination to pratect the hea�th and safety af the tenants or the financial ar op�rati�nal �iab��ity of the Healthcare Fac�lity, HUD may dec�are an Ev�nt of I]efauit at any txme during th� existence of a Via�ation vvxth�ut providing pr�or written natice of the Vi�lation. (b� Notwithstand�ng any other pro�isions af this Agreement, if HUD determines at any t�me that any af the Permits and Approva�s are at substantial and imminent risk of being terminated, suspended or otherwise restricted if such terminati�n, suspension, or�ther restriction Previous versinns obso�e#e Page 24 of 36 farm Hu�-9z4fi6-�RCF ��612�14}