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2� 1 ��435 R�gulatory Agreement�r other Program �b�igations. 43. AC�ELERATI�N; REIV�EDIES. If a Monetary Event a€I]efault occurs and is c�ntinu�ng for a peri�d�f thirty�3�} days, Lender, at Lender's opti�n, may dee��are the Indebtedness to be i�nmediately due ar�d payable without fi�rther�emand, and may �nvoke the power of sale and any other remedies perrn�tted by a�plica��e �aw or provided in this Security Ins��ument or in the Note. F�l�aw�ng a Covenant Event of I]efault, Lender, at L�r�der's opt�on, b�t so long as the L�an is insured or hel�by HUD, or��y after receipt of the prior wr�tten appraval of HUI], may declare the Indebtedness to b� immediately due and pay_ab�� with�ut further demand, and may invake the pow�r�f sale and any other remedies permi�tted by applicable 1aw�r�rovided in this Security Instrument or in the Note, or see�the appointrnent of a receiver f�r the Healthcare Faci�ity. Borrower acknow��dges that the pawer of sale granted in this Security Instrument may be exercised by Lender Withnut prior judicia� hearing. Lender shall be entit�ed to co��ect a11 costs and expenses �ncurred in pursuing such rem�dies, including reasonable att�rneys' fees �inc�uding but not l�mited to appe�lat� �itigation}, c�sts of documentary e�idence, abstracts and title reports. See Addendum e�rasi�a attached as Exhibit B to this Secur�t Instrument. 44. FEDERAL REMEDIES. In addition to any rights and remedies set forth in the B�rrawer's R�gulatary Agreement, HUI] has rights and remedies under federai law s� long as HUI] is the insurer or holder of the Loan, including but not lim�ted to the right to f�reclose pursuant to the Multifamily Mortgage Fore�losur� Act of 19$l, 12 U.S.�. 37�1 et se�., as amended, When HUD is the h�lder�f the Note. 4S. REMEDIES F�R WASTE. In addition to any other r�ghts and remedies s�t forth in the Note and this Security Instrument or those available under appli�able law, including exemplary damages where permitted, the following remedies f�r�Vaste by B�rrawer are availab�e to Lender as necessary to g��e ��mplete redress to Lender for Lender's 1�ss or damage: (a� the ex�rcise �f the remed�es availab�e to Lender during the existence af a ��venant Event of I]efault, as set for�h in Sect�on 43 of th�s Security Instrument; (b} an �njunction prohibiting future Waste or requ�ring correction �f �]L�aste already committed, but on�y t� the extent that Waste has impa�red ar threatens to impair Lender's security; and �c� recovery af damages, limited by the amount of�Vaste, to the extent that Waste has impaired Lender's s�curity. So long as the Loan is insured or held by HUD, any r�covery �f damages by Lender or HUD for�ast� sha11 b� applied, at the sole discretion of HUD, (1}to fees, costs and expenses �inc�uding reasonab�e attorneys' fees} incurred by L�nd�r; (2} to remedy �Vast� af the Mortgaged Property, (3�to the Indebtedness or�4} for any other purpose designat�d by HUI]. 4�. TERMINATI�N (]F HUD RIGHTS AND REFEREN�ES. At such time as HUI] r�o langer insures or ho�ds the Note, �a� al1 rights and r�sponsibilities �f HUD shall �'re�ious versians obsolete Page 33 �orm HUD-94��-�RCF t�612�14}