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201606438
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Last modified
7/24/2017 3:45:45 PM
Creation date
9/29/2016 9:53:19 AM
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DEEDS
Inst Number
201606438
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2� 1 ���438 <br /> necessar� inc��c�ing, but not lirr�ited to, the refusa�ta consent to a further renewa� of any <br /> Borrawer-�perato�Agreer�ent, the rejection af a�plxcat�ons far FHA mortgage ��surance a�c�the <br /> refusa�t� enter int� future c�ntracts ��any kind With Which �perator is identxf�ed; and fi�rther, i� <br /> �p�erator is a corporatian o�any other type af business association�r organ�zation which may <br /> fai� or refus�to cor�.ply with the aforement�oned pr�visians, HUI3 sha��have a s�milar rig�t of <br /> correcti�e acti�n �1}With respect to any�ndividuals who ar� officers, directors, tr�stees, <br /> managers, p�artners, associates or�rincipa� s�ockholders of�perat�r; and (2� with�respect to any. <br /> other type of bus�ness associati�n or organization w�th which the �ff�cers, d�rectors, trustee, <br /> manage�s, partners, associates ar principal stack�olders af�perator may be identified. <br /> 2�. B��KS,A�C�UNTS, FINAN�IAL REP[�RTS, AND FINAN�IAL <br /> ��VENANTS. <br /> (a} �peratar shal�ke�p the books and accounts �f the operatian of the Hea�thcare <br /> Facility in accardance with Program �bligations, ta the extent not inc�nsistent with state <br /> requirements, which wauld allow f�r the aud�t�f the Project. Financial recards of�perator and <br /> the Hea�thcare Facility sha�l be complete, accurate and current at al�times. P�sting must be <br /> made at least month�y to the �edger accounts, and year-end adj usting entries must be posted <br /> promptly in acc�rdance with sound ac�ounting pr�nc�ples. AlI expenditures in connection With <br /> the H�aithcare Facility must be fu�ly dacumented so as to provide reas�nabl� assurance t� al� <br /> persons or entities that review such expenditures that su�h expenditures are Reas�nable <br /> �perating Expenses. Undocumented expenses sha��not�e consid�red Reasonable �perating <br /> Expenses. <br /> (b� Exce�t as pr�vided in the AR Finan�ing Dacuments ar as other�wise approved by <br /> HLJD, �perator must deposit in an operating account in the �peratar's name, in trust far the <br /> Proj ect, �the "Hea�thcare Facility �perating Account"� alI revenue it rece�ves in connection <br /> with the business it conducts with resp�ct to the Hea�thcar� Facility or in a genera� collectian <br /> accour�t maintained f�r�perator and affiliated operators, provxded dep�sits to such general <br /> co�lection accaunt can be trac�d to the appl�cable faci��ty that generated such dep�s�t. If HUD <br /> determines that such dep�sits cannat be re�iably and readily sa traced, HUI] may d�rect�perator <br /> to de�asit such funds in a segregated operating a�count. The account must be wzth a financial <br /> instituti�n whose deposits are insured by an agency of the federal gavernment, provided that an <br /> account held�n an institutian appr�ved by the �overnment Nat�onal Martgage Association may <br /> have a balance that exceeds the amount to which such deposit insurance is limited. �perator <br /> may transfer funds from the Healthcare Fac��ity �perating Acc�unt t� one or more centra� <br /> disbursement or other accounts (whieh need n�t b� in the name of�p�rator} in Which such funds <br /> ar� commingled w�th other funds, provided that a complet� and accurate accounting of such <br /> funds �inc�uding deposits and disbursements � is maintained. <br /> �c� Unless �therw�se specified by HUI], �perator shall submit to HUI] and Lender, <br /> on a quarterly and year-to-date�asis (or more frequently if specif ed by HUI]}, pr�par�d and <br /> certified by an authorized representative ar agent of�perator, such financia�rep�rts relating to <br /> the operatian�f the Healthcare Facility �including, but not limited to, financial statements, <br /> accounts receivablelpayable a�ing reports and occupancy reports} �n the formats and at such <br /> times as may be approved by HUI] �n accordance with Program �b�igations. Such reports must <br /> Pre�ious�ersions obsolete Page 'f� form HUD-9246GA-�RCF �Re�. ��I2�'14} <br /> Repfaces HLJD-9�4fis-NHL <br />
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