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<br />200605643 <br /> <br />3 <br /> <br />(b) Assign, transfer, pledge, dispose of, or encumber any personal <br />property, including rents or charges, and shall not disburse or payout any funds <br />except as provided herein and in the Mortgage Restructuring Note or the <br />Contingent Repayment Note, as applicable. <br /> <br />(c) Remodel, reconstruct, add to, or demolish any part of the mortgaged <br />property or subtract from any real or personal property of the project except as <br />necessary to provide a reasonable accommodation or modification; <br /> <br />(d) Pay any compensation or make any distribution of income or other <br />assets of any kind except as provided in the Mortgage Restructuring Note or the <br />Contingent Repayment Note, as applicable; <br /> <br />(e) Engage, except for natural persons, in any business or activity, <br />including the operation of any other project, or incur any liability or obligation not <br />in relation with the project; <br /> <br />(t) Require, as a condition of the occupancy or leasing of any unit in the <br />project, any consideration or deposit other than the prepayment of the first month's <br />rent plus a security deposit in an amount not in excess of one month's rent (the <br />gross family contribution in Section 8 units) to guarantee the performance of the <br />covenants of the lease. Any funds collected as security deposits shall be kept <br />separate and apart from all other funds of the project in a trust account, the <br />amount of which shall at all times equal or exceed the aggregate of all outstanding <br />obligations under said account. <br /> <br />(g) Undertake self-management, contract for management services, or pay <br />any management or supervisory fees or allowances out of project funds above the <br />maximum permitted by the Secretary. <br /> <br />(h) Receive any fee or kickback from any managing agent, employee, or <br />other provider of goods or services. <br /> <br />5. Amendment and Revision of Paragraph {12} ofthis Regulatory Agreement. <br />Paragraph {12} of this Regulatory Agreement is hereby amended and revised to read as <br />follows: <br /> <br />(a) If the Owner has or comes to have any nonproject funds, all income <br />and other funds of the project shall be segregated from any such funds of the <br />Owner and segregated from any funds of any other corporations or persons. <br />Income and other funds pledged to the mortgaged property shall be expended only <br />for the purposes of the mortgaged property. <br /> <br />Rider FHA-92465 on first 09-15-04 <br />