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<br />200605646 <br /> <br />(g) "Rcsidual Receipts" ( limited distribution mortgagor) means any cash remaining at thc cnd of a semiannual or <br />annual fiscal period after deducting from surplus cash the amount of distributions as that term is defined <br />below and as limited by Paragraph 8 (e) hereof; <br /> <br />(h) "Distribution" means any withdrawal or taking of cash or any assets of the project, including the segregation <br />of cash or assets for subsequent withdrawal within the limitations of Paragraph 8 (e) hereof, and excluding <br />payment for reasonable expenses incident to the operation and maintenancc of the project. <br /> <br />(i) "Default" means a default declarcd by the Secretary when a violation of this Agreement is not correct to the <br />satisfaction of the Secretary within the time allowed by this Agreement or such furthcr time as may be <br />allowed by the Secretary after written notice; <br /> <br />U) "Section 8 units" refers to units assisted under Section 8 of the United States Housing Act of 1937 pursuant <br />to a Housing Assistance Payments Contract. <br /> <br />(k) "Housing Assistance Payments Contract" refers to a written contract between the Owner and HUD, or the <br />Owner and a Public Housing Agency, or the Owner and a Housing Finance Agency for the purpose of <br />providing housing assistance payments to the Owner on behalf of eligible families under Section 8 of the <br />United States Housing Act of 1937. <br /> <br />(I) "Displaced persons or families" shall means a family or families, or a person, displaced from an urban <br />renewal area, or as a result of a major disaster, as determined by the Presidcnt pursuant to the Disastcr Rclief <br />Act of 1970. <br /> <br />(m) "Elderly pcrsons" mcans any person, married or single, who is sixty-two years ofagc or ovcr. <br /> <br />17. This instrument shall bind, and the benefits shall insure to, the respective Owners, their heirs, legal representative <br />executors, administrators, successors in office or interest, and assigns, and to the Secretary and successors of the <br />Secretary so long as the contract of mortgage insurance continues in effect, and during such further time as the <br />Secretary shall be the owner, holdcr or reinsurer of the mortgage, or obligated to reinsure the mortgage. <br /> <br />18. Owners warrant that they have not, and will not, executc any othcr agreement with provisions contradictory to, or <br />in opposition to, the provisions hereof, and that, in any event, the requirements of this Agreement are paramount <br />and controlling as to the rights and obligations set forth and superseded any other requirements in conflict <br />therewith. <br /> <br />19. The invalidity or any clausc, part or provision of this Agreement shall not affect the validity ofthc rcmaining <br />portions thereof. <br /> <br />20. The following Owners: HOLlDA Y GARDEN TOWNHOUSES, A LIMITED PARTNERSHIP, its gencral and <br />limited partners <br /> <br />do not assume personal liability for payments due under the note and mortgage, or for the payments to the reserve <br />for replacements, or for matters not under their control, provided that said Owners shall remain liable under this <br />Agreement only with respect to the matters hereinafter state namely: <br /> <br />(a) for funds or property of the project coming into their hands which, by the provisions hereof, they are not <br />entitle to retain; and <br /> <br />(b) for their own acts and deeds or acts and deeds of others which they have authorized in violation of the <br />provisions hereof. <br /> <br />IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first hereinabove written. <br />See Rider attached hereto and made a part hereof. <br /> <br />6 <br />