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200605641
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Last modified
6/23/2006 4:12:19 PM
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6/23/2006 4:12:17 PM
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DEEDS
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200605641
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<br />200605641 <br /> <br />5 <br /> <br />regulations of HUD implementing these authorities, including, but not limited to, 24 CPR <br />Parts 1, ] 00, ] 07, and 110, and Subparts I and M of Part 200. <br /> <br />10. Housing Standards. The Owner agrees that, throughout the Term, it shall (a) <br />maintain the Project in good repair and condition in accordance with applicable local codes <br />and the Uniform Physical Condition Standards set forth in 24 CPR Part 5, Subpart G as <br />amended; (b) maintain and operate the Units and related facilities to provide decent, safe and <br />sanitary housing, including the provision of all services, maintenance and utilities; and (c) <br />comply with the lead-based paint regulations set forth in 24 CPR Part 35, as amended. If the <br />Secretary determines that the Owner is not fully satisfying one or more of the foregoing <br />obligations, the Secretary shall have the right to impose any remedies, administrative actions <br />and/or sanctions provided under or authorized by applicable law and regulations, including <br />without limitation as provided under 24 CFR Part 24. <br /> <br />11. Violations; Secretary's Remedies. If the Secretary determines that the Owner <br />has violated any of the terms of this Agreement, including, but not limited to, failure to <br />comply with any of the requirements imposed under Section 10 above, the Secretary shall <br />notify the Owner of its determination and the Owner shall have ninety (90) calendar days <br />after receipt of such notification in which to cure the violation. Promptly following the <br />expiration of the foregoing ninety (90) day period, the Secretary shall reinspect the Project <br />and/or take other investigative steps as it deems necessary in order to ensure compliance. <br />The failure to cure any violation to the Secretary's satisfaction within such ninety (90) day <br />period shall constitute a covenant default under the Regulatory Agreement for Projects with <br />Mortgage Restructuring Mortgages in the Mark-to-Market Program, which may result in the <br />acceleration of the Mortgage Restructuring Note that is held by the Secretary and the <br />Mortgage Restructuring Mortgage secured by the Project, payment of relocation expenses to <br />tenants admitted to the Project in violation of the Affordability Requirement; and, the <br />imposition of any other remedies, administrative actions and/or sanctions provided under or <br />authorized by applicable law and regulations, including those provided under 24 CFR Part <br />24. The parties further agree that upon any default under this Agreement, the Secretary may <br />apply to any court, state or federal, for specific performance of this Agreement, for an <br />injunction against violation of this Agreement or for such other equitable relief as may be <br />appropriate, since the injury to the Secretary arising from a violation under any of the terms <br />of this Agreement would be irreparable and the amount of damage would be difficult to <br />ascertain. <br /> <br />12. Submission of Certifications. The Owner must submit to the Secretary or the <br />Participating Administrative Entity (liP AE"), within thirty (30) calendar days following the <br />Secretary's request therefor, any certifications, statements or other information as the <br />Secretary may reasonably require relating to the monitoring of the Owner's compliance with <br />this Agreement. During the term of this Agreement, the Owner shall submit to the Secretary <br /> <br />M2M Use Agmt 09-15-04 <br />
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