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2� 1 ��43� "Borr�wer" shall mean the entity �der�tified as "B�rr�wer" in the first paragrap�i��this Ag�eement, tog�ther With any successors, heirs, and assigns [j oint�y and sev�ral�y}. "Borrowe�" sha��include any pers�n�r�ntxty taking title to th� Mortgaged Property whether or not suc� person or entity assumes the N�te. "Borr�vver" is som�times a�s� referred to in the Loan �]ocu�nents and Program �bligations as the "�b��gor,"the "�wner," andlor the "Mortgag�r." "Borrawer-�perator A�reement"mea,ns any agreement relating t�the operat�on��th� Healthcare Faciiity by and be�ween Borrower and �perator, inc�uding any �perat�r Lease. "Barrower's Security Instrument" means the Healthcare I]eed of Trust Securit A reement ASSI nment of Rents and Fixture Fi�in�Nebrask�, and sha�� be deemed to be the m�rtgage as defined by Program �bligat�ons. "Distribut��n"means any disbursal, con�eyanCe, loan or transfer of cash, any asset of B�rraWer, or any�ther portian of the Mortgaged Property, ather thar� in payment of R�asonable �perating Expenses. "Firm �omm�tment" means the comm�tment far insurance of advances or commitment f�r insurance upon completion, dat�d Au ust 25 2�1�, �ssued to Lender by HUD under whieh the debt evidenced by the Note is ta be �r�sured pur�uant to a Section�f the Nati�nal Housing Act. "Fixture5" has the meaning set forth in the Borrower's Security Instrument. � "Hea�thcare Facil�ty" means that�ortion of the Pr�j�ct operated on the Land as a Nursing Home, Interm�diate �are Facility, Board and Care Hame, Assisted Liv�ng Faci��ty andl�r any other healthcare facil�ty auth�rized ta rec�ive insur�d mortgage financing pursuant to S ection 23 2 of the Nationai Housing Act, as amended, �nclud�ng any commercxal space included in the facil�ty. "HUD"means the U.S. De�artment of Housing and Urban Developm�nt acting by and thraugh the Secretary in the capacity as insurer or halder�f the Loan under th� authority �f the National Housing Act, as amended, the I]�partment of Housing and Urban I]evelapment Act, as amended, or any other federallaw or regu�ation pertainin�to the Loan�r the Proj e�t. "Impro�ements" has the meaning set forth in the Borrower's Se�urity Instrument. "Indebtedness" mear�s the rinci a1 of, �nterest�n, and a1� other amaunts due at any time under p p the Note or th� Loan I]�cuments, including prepayment premiums, late charges, defau�t �nterest, and advanc�s to protect the security as provided in the Laan Documents. "Land" has the m�aning set farth in th� B�rr�w�r's Securit� Instrument and �s also �egally described an Exhibit A, attached hereta and inc�rporated herein. Pre�ious�ersions obsalete Page 3 of 3fi farm HUD-924Sfi-�RCF �0612014}