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2� 1 ��43� may be apprapriate, as t�e injury t� HLJI] arising from a default unc�er any of the terms of this Agreement would be irreparable and the am�unt af damage w�uld be dif�icult to ascertain; and, (vi� �ollect reasanab�e atto�ney fees re�at�d to enforcing B�rrower's ��mpliance with t�iis Agreement. �d} Any forb�arance by HUI7 in exercisir�g any right ar remedy under th�s Agreement �r�therwise afforded by app�icab�e �aw�ha��not�e a waiver of or preclud� the exercise of any right or remedy. �e} [Intentional�y �mitted� 37. MEASURE �F DAMA�ES. The damage to HUD as a resu�t af Borrower's breach of duties and ob�igations under this Agreem�nt sha11 be, in the case �f failure to mainta�n, or cause t� be maintain�d, the Proj e�t as required by this Agreem�nt, the c�st�f th�repairs required to return th� Pr�j ect t� decent, safe and sanitary c�ndition and goad repair. This c�ntractual provision shall n�t abrogate �r lirnit a.ny oth�r remedy or measure of damages available to HLTD under any civi�, crim�nal or common law. 38, N�NRE��URSE DEBT. The fo�lowing individuals �r entities identified in the Firm �ommitment: Richard Westin, �& W Haldin s Limited Partershi�?, a�]V' �min�imited liabilit. company, and Barr�wer, as ident�f�ed in the Firm. �omm�tment do�not assume persona� liabilit� f�r paym�nts du�under the Note and the Borrower's Security Instrument, �r far the payments t� the Reserve far Replacement, or for matters not under�s their contro�, pr�vided that each sa�d individua� or entity sha��remain pers�nally liable under this Agr�ement on�y with respect to the matters hereinafter stated; namely: �a� for funds �r property of the Pr�j ect coming �nt� its hands Whi�h, by the provis�ons of this Agreement, it is not�ntitled to retain; �b} for authorizing the canv�yance, assignment, transfer, pledge, encumbrance, or other dispositi�n of the Mortgaged Property or any interest there�n in violat�on af this Agreement without the pr�or written approva� of HUI]; and �c} far its own acts and deeds, or acts and deeds af athers, which it has author�zed in violation of the pro��sions of th�s Secti�n. The ob�igati�ns of the ind�vidua�s or ent�ties Iisted in this Section sha�� survive any fore��osure proceeding, any forec��sure saie, any delivery of any deed in Iieu of forec�osure, any term�nation of this Agreem�nt, and any re�ease �f record af the Borrower's Security Instrument. [ACI�N�WLEDGEMENT �F THIS SE�TI�N 38 �N F�LL�WIN�PAGES] Previous�ersE�ns obsolete Page 2�ot 36 �orm HUD-924fis-�R�F �D612D'14}