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2� 1 ���44�
<br /> �f� A�1 licenses, permits, andl�r approva�s issuec� by. any go�err�mental author�ty with
<br /> res�ect to the use or operat�a� af the Healthcare Facility for the Approve� Use as that term is
<br /> def ned in the �perator's Regu�atory Agreement, to the greatest extent permitted by and not in
<br /> vio�atinn af app�icahle law r�ow er�acted or hereafter ar��nded, and any a�d al�
<br /> Medxca�dlMedicarelTRI�AREI�HAMP�TS or other governmenta� insurance pr�vider
<br /> agreements. Prov�ded that this Agreement shall be �o�strued as granting to Lend�r a security
<br /> interest, assigning re�eivables, giving d�minion and cantr�� or designating a�. attorney-�n-fact
<br /> with respect to the �overnment Receivables Ac�ounts, Government Paym�nts and other
<br /> Healthcare Assets to the greatest extent pe�mitt�d by and n�t in �io�ati�n of(�} applicable law,
<br /> now enacted andlar hereafter amended, and (ii} the Pro�ider Agreements. F�r pur��ses h�re�n,
<br /> "���ernment Receiva�les Accounts" shal� m�an separate depasit account�s} inta which on�y
<br /> �overnm�nt Payments are depos�ted, and "Go�ernment Payments" shail mean a payment from
<br /> a governmental �nt�ty and sha�l include, w�thout limitation, payments g�verned under the Social
<br /> Security Act (4� U.S.�. �� 1395 et se�.}, including payments under Medicare, Medicaid and
<br /> TRI�AREI�HAMPUS, and paym�nts adm�nistered or regulated by the �enters f�r Medicare
<br /> and M�dicaid Services of U.S. Department of Health and Human Services;
<br /> (g} All funds, rnan�es, secur�ties and other property he�d in �scrow, lock b�xes,
<br /> d�pos�tory or blacked accounts or as reserves and aI� rights ta re�eive (�r to have distribut�d to
<br /> �peratar} any funds, monies, securities ar property held in escrow, ��ck l�oxes, dep�sitor� or
<br /> blocl�ed acc�unts or as r�serves including but not �imited ta all of�perator's rights �if an�} to
<br /> any funds or amount� in that certain reser�e fun�s andl�r residual receipts accounts created under
<br /> any regu�atory agreement required by the Secretary �f Housing and Urban Devel�pment or the
<br /> Federal Hausing Administrat�on �ommissi�ner;
<br /> (h} A1� accounts, accounts rece�vable, general intangibles, chatte� paper, �nstruments,
<br /> rights to payment evidenced by instruments, documents, inventory, goods, cash, cash proceeds,
<br /> �ank accaunts, depos�t accounts, cert�ficates of deposits, securities, insurance po��cies, letters of
<br /> credit, letter of�redit rights, deposits, judgments, liens, causes of action, Warranties, guaranties
<br /> and aI� other properties and assets of�perat�r, tangible ar intangible, v�rhether or not similar ta
<br /> the pr�per�y described in this item �h}. As used herein, the term "accounts receivable" sha11
<br /> include �i} a�l healthcare insurance r�ceivab�es, includ�ng, l�ut n�t limited to Medica�d and
<br /> Medicare re�eivables, Veterans Administrati�n or other go�ernmental r�ceivab�es, private
<br /> patient receivables, and HM� 1 D receivables; (ii� any payments due or ta be ma�e to �perator
<br /> re�ating to the Land or [ii�} all other rights �f �perator to receive payment of any kind with
<br /> respect to the Land;
<br /> (i� Al� bo�ks, records and fil�s of whatever type or nature relatir�g to any or al� of the
<br /> praperty or interests �n pr�perty described herein or the proceeds thereof, whether �r not written,
<br /> stored electranical�y nr e�ectr�magnetically ar in an� other form, and wheth�r �r not such bo�ks,
<br /> records, or fiies constitute accounts, equi�ment �r general intangibles;
<br /> �j} Any and a11 security or ather depos�ts which have nat he�n forfeited by any tena.nt
<br /> under any lease; and
<br /> �k} A�l praducts and proceeds of any and all of the proper�y �and inter�sts in property�
<br /> described here�n including l�ut nat ��mited to proceeds af any insurance, whether or not in th�
<br /> B�2
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