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99106858
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Last modified
3/13/2012 6:26:52 PM
Creation date
10/20/2005 11:57:33 PM
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DEEDS
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99106858
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� � � 0 � 85 � <br /> The Issuer and the Trustee acknowledge that the occurrence of an event of default <br /> under this Regulatory Agreement shall not be deemed,under any circumstances whatsoever,to be <br /> a default under the Mortgage Loan Documents except as may be otherwise specified in the Mortgage <br /> Loan Documents, notwithstanding the occurrence of any violation of this Regulatory Agreement, <br /> neither the Issuer nor the Trustee shall have any right to cause or direct acceleration of the Mortgage <br /> Loan,to enforce the Mortgage Note or to foreclose on the Mortgage except pursuant to the terms of <br /> the Mortgage Loan Documents; provided that neither this paragraph nor the preceding paragraph <br /> shall be construed to limit the rights of the Issuer and the Trustee to pursue the remedies set forth <br /> in the above paragraphs (a), (b) and(c) and to otherwise enforce the Reserved Rights. <br /> Section 17. Trustee. The Trustee shall act as specifically provided herein and in the <br /> Indenture and is entering into this Regulatory Agreement solely in its capacity as trustee under the <br /> Indenture, and the duties, powers, rights and liabilities of the Trustee in acting hereunder shall be <br /> subject to the provisions of the Indenture. <br /> The Trustee may at all times assume compliance with this Regulatory Agreement <br /> unless otherwise notified in writing by the Issuer or unless it has actual knowledge of <br /> noncompliance. <br /> After the date on which no Bonds remain outstanding as provided in the Indenture, <br /> the Trustee shall no longer have any duties or responsibilities under this Regulatory Agreement and <br /> all references to the Trustee in this Regulatory Agreement shall be deemed to be references to the <br /> Issuer. <br /> Section I8. Recording and Filing. The Borrower shall cause this Regulatory <br /> Agreement,and all amendments and supplements hereto and thereto,to be recorded and filed in the <br /> real property records of the County and in such other places as the Issuer or the Trustee may <br /> reasonably request. The Borrower shall pay all fees and charges incurred in connection with any <br /> such recording. <br /> Section 19. Governing I,aw. This Regulatory Agreement shall be governed by the laws <br /> of the State. The Trustee's rights,duties and obligations hereunder are governed in their entirety by <br /> the terms and provisions of the Indenture. <br /> Section 20. Amendments. Except as set forth in Section 6 hereof, this Regulatory <br /> Agreement shall be amended only by a written instrument executed by the parties hereto or their <br /> successors in title, and duly recorded in the real property records of the County, and only upon <br /> receipt by the Issuer of(a)an opinion from Bond Counsel that such amendment will not adversely <br /> affect the Tax-exempt status of interest on the Bonds and is not contrary to the provisions of the Act <br /> and(b)the written consent of the Trustee so long as the Bonds remain outstanding. <br /> Anything to the contrary contained herein notwithstanding,the Issuer,the Trustee and <br /> the Borrower hereby agree to amend this Regulatory Agreement to the extent required,in the opinion <br /> of Bond Counsel, in order that interest on the Bonds remain Tax-exempt. The party or parties <br /> requesting such amendment shall notify the other parties to this Regulatory Agreement of the <br /> proposed amendment,with a copy of such requested amendment to Bond Counsel and a request that <br /> 29 <br />
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