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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 /> "Bus�ness Day"rneans any day other than a Saturday or a Sunday, a federal holiday ar holiday <br /> � in the state vvher�the Proj ect is located ar ot�er day on which the federa� go�ernr�ent or the <br /> government of th� state where the Proj ect is located is not apen for bus�ness. When nat <br /> specifica��y desig�at�d as a Business Day, the term "day" shal� refer to a calendar day. <br /> "Healthcare Fac�lity"means that portion af the Proj ect operated on the Land as a Nursir�� <br /> Home, �r�termed�ate �are Faci�ity, Board and �are H�me, Assisted Livi�g Fac���ty andlor any <br /> other hea�thcare fac�lity authorized to receive �nsured mortgag� financing pursuant to Sectio� <br /> 23� �f the Nationa� H�using Act, as amended, ar other ap�li�ab�e fec�era�-law, �nclud�ng any <br /> c�mmercia� space included �n the faci�ity. <br /> "Healthcare Fa�ility Working �apital"means current assets of the Healthcare Faci�ity minus <br /> current�iabi�ities of the Healthcare Facility, pursuant to �`renerally Acc�pted Account�ng <br /> Princip�es, as Pr�gram �bligations may further clarify ar define. <br /> "�perator Lease" means a lease by BorroWer to �peratar providing for the operation of the <br /> Healthcare Facility. <br /> "Up�rator's Security Agreement"means that certain �perat�r Security Agre�ment dated as of <br /> substant�al�y even date herew�th, relating ta the Proj ect, and made by �perat�r f�r the benef�t of <br /> HUD. <br /> "Program �b�igation5"means �1} a�i app�icab�e statutes and any regu�ations issu�d by HUD <br /> pursuant thereto that apply to the Proje�t, �n��uding alI amex�dm�nts t� such statutes and <br /> regulati�ns, as they become effective, except that changes subject t� notice and comment <br /> ru�emaking shal� b�come effect�ve on�y upon comp�eti�n�f the rulemaking process, and (�} a�l <br /> current requirements in HUD handbooks and guides, n�tices, and mortgagee �etters that app�y <br /> to the Project, and al1 future updates, �hanges and amendments thereto, as they hecome effective, <br /> except that changes subject t� notice and comment rul�making sha�l becorne effective on�y up�n <br /> completior��f the rulemaking process, and provided that such future updates, changes and <br /> amendm�nts sha�l be applicable to the Praj ect an�y tfl the e�tent that they interpret, c�arify and <br /> implement terms in this Agreement rather than add�r delete pr�visions fr�m such <br /> document. Handb�oks, guides, not�ces, and mortgagee letters are avai�ab�e �n HUD's official <br /> vvebs�te: �htt :Ilwww.hud. ovloff c�sladmChudcli slindex.cfm �r a successar Iocatxon to that <br /> s�te�. <br /> "Proj ect"means any and a11 assets �f whatever nature or wherever s�tuated related to the �nsured <br /> mor�gage loan known by th� FHA Proj ect Number Iisted on the first pag� of this Agreement, <br /> �ncluding without limitation the Mortgaged Property, the Healthcare Facility, the Improvements, <br /> and any co�lateral owned b� �perator securing the insured mor�gage 1oan. <br /> "Reasonable �perating Expenses" means �xpenses that arise from the operation, maintenance <br /> and routine repair of the Proj ect, including all payments and depos�ts required under th�s <br /> Agreement and any of the Loan Documents, and that c�mply with the requirem�nts af 24 �.F.R. <br /> 232.1��7, �r succ�ssor regulat�on. <br /> Pr��ious versions vbsolete Page 3 form HL1D-9�4GSA-�RCF �Rev. 4612D14} <br /> Rep�aces H U D-9�456-N H L <br />
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