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2� 1 ��435 be found in this Sec�xr�ty Instrurnent, and if r�ot faund in this Security Ir�strument, ther�faur�d in the Borrower's R�gulatary Agreem�nt andlor in the Note. The fol�awing terms, when�sec�in this Security Instrument �inc�ud�ng when used in the ab�ve r�citals�, shall have the fo�lowing . m�an�ngs: "Accounts Receivable" means alx right, txt�e and interest af�perator in a.nd to the fol�ow�ng, in each cas� arising from the operation�f the Healthcare Fac�I�ty located on the Mortgaged Property in the ord�nary caurse of business: (a� a�� rights-ta payment of a manetary �b��gat�on, whether or n�t earne�by performance, inc�uc�ing, hut not Iimited to, accounts receivab�e, health� care insurance receivables, Medicaid and Medicare receivables, Veterans Adm�nistratian rec�ivables, or ather governmental re�ei�a�les, private patient receivables, a.r�d HM� receivables, (b�payment �ntangxb�es, �c} guaranties, letter-of-credit rights and �ther supp�r��ng �bligations relating to the property describ�d in clauses (a} and (�}; and (d} alI �f the�roceeds of the property descrxbed in clauses (a}, �b} and (c}. Notwithstandxng the foregoing, "Accounts Receivable" shall not include acc�unts arising from the sale of�perator's equxprnent, inv�ntory or other gnods, ather than accounts arising from the sale of�perator's invent�ry in the ordinary �aurse of�perator's business. "Aff�iiate" is def�ned in Z4 �.F.R. ��.215, or ar�y successor regulati�n. "Ancillary Agreement" means any separate agreement b�tween Borrower and Lender for the purpos� of establishing escrows ar replacement reserv�s for the Martgaged Pr��er�y, establish�ng an account to assu.re the completion of repairs aar irn.pzovemer�ts specified in such agreement, or any other agre�ment or agr��ments betvv�en Borrower and Lender whi�h provide far the establishment af any other fund, reserve or account inc�uding but n�t limited to those reser�es and escr�ws r�quired�y HUD in connection with constru�ti�n act�vity, if any, and those reser�es and escr�vvs required by HUI� �n cor�nection W�th th�Proj ect. Such agre�ments may include, but are not limited ta, any sinking fund agreement, which provides far a depreciati�n reimbursement account to pay futur�pr�ncipa�payments under the Note, where Medicaid�r third-party reimbursement is on a depreciation plus interest basis; any de�rec�ation reser�e fund agr�ement which provides far an escraw or trust account with an approved custadian ar trustee esta��shed far replacing equipment and for funding �f depreciati�n�n accordance with a schedule ap�rov�d by HUD. "Appra�ed Use"means the use of th� Pr�j ect for the operation of the Hea�thcare Facility as an A5S15t�C� L1Vlr1 Facilit with twent -seven Z7 beds, and such other uses as may be approved in writing from time t� time by HUD based up�n a request made by Borrower ar �perator, �ut excluding any uses that are d�scontinued vvxth the written a�pro�al of HUD. "Ass��ted Living Fa��lity"means a public facility, propr�etary fac�lity, or faciiity of a private nanpr�fit c�rp�ration ar ass�ciatian that (1} is licensed and regu�ated by the State �or if there �s na state �aw providing for such��cens�ng and regulation by the State, by the municipality or�ther �J��1t1Ca.l SL1�7C�1V151�I1} �Il W�11C�1 t�l� faCl�lty 1S I�Cat�CI; �Z� Il]a��S aVa11a�J�e ta T�51C��IltS SLI�J�]��1V� S��V1CeS ta a5S15t t�1e r�51C�eI1tS lIl Ca.�'y1I1� 011t a.Ct1V1t1�5 �f C�a1�y �1V1I1�, and may make available to resid�nts home hea�thcare s�rvices, such as nursing and therapy; and �3� pro�ides separate Pre�ious�ersions obsolete Page� farm HU D-940��-DRCF ��612��4}