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`00008622 <br />as a Seniors Housing Facility in the Mortgaged Property Jurisdiction; <br />(g) Borrower is not a participant in any federal program whereby any federal, <br />state or local, government or quasi - governmental body, agency, board or other <br />authority may have the right to recover funds by reason of the advance of federal <br />funds. Borrower has received no notice, and is not aware of any violation of <br />applicable antitrust laws of any federal, state or local, government or quasi - <br />government body, agency, board or other authority; and, <br />(h) Except as otherwise specifically disclosed to the Lender in writing, in the <br />event any existing management agreement is terminated or Lender acquires the <br />Mortgaged Property through foreclosure or otherwise, neither Borrower, Lender, <br />any subsequent manager, nor any subsequent purchaser (through foreclosure or <br />otherwise) must obtain a certificate of need from any applicable state health care <br />regulatory authority or agency (other than giving such notice required under the <br />applicable state law or regulation) prior to applying for any applicable license, <br />registration, permit, certificate, authorization or approval necessary for the <br />operation of the Mortgaged Property as a Seniors Housing Facility, provided that <br />no service or the unit complement is changed." <br />22. All capitalized terms used in this Exhibit not specifically defined herein shall <br />have the meanings set forth in the text of the Instrument that precedes this Exhibit. <br />BORROWER'S INITIALS <br />Modifications to Instrument (Seniors Housing) Form 4075 3/99 Page 9 <br />