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2� 1 ���438 <br /> This Healthcare Regu�at�ry Agreemer�t—�peratar(th�s "Agreement"� is ent�red inta <br /> this 1 St day�f�September, 2�1�, between �RAND ISLAND ��LTNTRYH�US�, LL�, a���nited <br /> l�abi��ty company organized and existing under the �aws of the Stat� of Wyoming, wh�se address <br /> is 25 Avenida I]e �rin�a, �rinda, �A 94563, its successors, he�rs, and ass�gns (joint�y a.r�d <br /> several�y} ("�perator"} and the U.S. Department of H�using an�Urban I3eve�Qpmer�t,.acting by <br /> an�through the Secretary, his or her successors, assigns o�designates �"HUD"}. If�perator is <br /> a�s� Borrawer, refe�ences to "Borrower"herexn �hall refer to �perat�r and the Borrawer's <br /> Regulatory Agreerr�ent, as defined be�ow, is xncorp�rated herein by th�s referenc�. <br /> HUD and �perator execute this Agreement in order to comply with Pragram �bligations, <br /> with the requirements of the National H�using Act, as amended, and the regulatians adopted by <br /> HUD pursuant thereta. This Agreement shall cont�nue during such period�f t�me as HLJD shall <br /> be the own�r, h�lder, or insurer of the N�te. Upon satisfaction of the Nate, as evid�n�ed by the <br /> discharge or rel�ase of the Borro�ver's Security Instrument,this Agreemer�t shall automati�ally <br /> term�nate. H�we�er, �perator sha�l be resp�nsible for any��olations of this Agreement which <br /> accurred prior to termination. <br /> Violations of this Agreement or Program �b��gations may subj ect �perator and other <br /> signatories hereto ta adverse actions. <br /> C��enants. �perator and HUD covenant and agree as follows: <br /> 1. DEFINITI�NS. Any capita�ized term or vvord used herein but nat defined shal� <br /> have the meaning g�ven to such term in the Barrow�r's Security Instrument. The fo�l�vving <br /> terms, when used in this Agreement (including vvhen used in th� above recitals�, shall have the <br /> foi�owing meanings, whether capitalized❑r not and whether singular or p�ural, un�ess, in th� <br /> context, an incongru�ty results: <br /> "AR Financing Documents"means the d�cuments approved by HUD eviden�ing, securing, and <br /> made as a condition to any accounts receivable loan to �perator�n car�nection W�th the Pr�j ect. <br /> "B�rr�w�r" sha�l also mean �perator, the Borr�wer in connection vv�th the Praj ect and a party <br /> to the Borrower's S�curit Instrument. Borrower is sometim�s referred to �n th� Laan <br /> Y <br /> Documents or in Pragram �bligations as the "�wner" or the "Mortgagor." <br /> "Borr�wer-�perator Agreement"means any agreement relating t� operation af the Healthcare <br /> Facility by and between Borrower and �perator, includ�ng any �perat�r Lease. <br /> "Borrower's Regulatory Agreement" means that�ertain Healthcare Regulatory Agreement— <br /> Borrower dated as of September 1, 2�16, re�atir�g to the Proj ect, and made by and between <br /> B�rrower and HUD. <br /> "Borrower's Security Instrument" means that certain Healthcare Healthcare Deed�f Trust, <br /> Security Agreement, Assignment of Rents, and Fixture Fi�ing (Nebraska�, mad� by Borrow�r, <br /> relating to the Proj ect. <br /> Pre�ious�e�sions obsolete Page 2 form HUD-924�6A-�RCF �R�v. �612�'14} <br /> Replaces HUD-92455-NHL <br />