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<br />L <br /> <br />I <br /> <br />(7) <br /> <br />88- 101515 -2- <br /> <br />Mortgagor shall not without the written approval of the Secretary: <br />(a) Transfer. dispose of or encumber any of the mortgaged property. Any such transfer <br />shall be only to a person or persons or corporation satisfactory to and approved by HUD. <br />who shalt, by legal and valid instrument in writing:, to be recorded or fLIed in the same <br />rec,ording offi~e in which conveyances of the rrop~rt~ covered by ~he mortgage are re- <br />qUired to be filed or recorded, duly asslIme a! obhgattons under this agreement and under <br />the Notc and Mortgage: <br />(b) Assign. tramfcr, dispose of, or cllcumb~r <Iny personal property, including rents or <br />charges, and shall not disburse or payout an} funds except as provided herein and in <br />the Building Loan Agreement; <br />(c) Remodel. reconstruct, add to. or demolish any part of the mortgaged property or sub- <br />tract from any real or personal property of the project; <br />(d) Pay any compensation or make <Iny distribution of income or other assets to any of its <br />officers, directors Of stockholders; , <br />(e) Enter into any contract or contracts for supervisory or managerial setvices; <br />(0 Reauire. as a condition of occuoancy or leasin\! of any unit in the oroiect. any consider- <br />ation or deposit other than the prepayment of the nrSt month's rent (the gross family con- <br />tribution in Section 8 units) plus a security deposit in an amount not in excess of one <br />month's rent to guarame~ the performal",\! of the covenants of the lease. Any fund collec- <br />ted as security depo-sits shall be kept separate and apart from all other funds of the project <br />in a trust account the amount of which shall at all times equai or exceed the aggregate of <br />all outstanding obligations under said account; <br />(g) Permtt the use ot the dwelling accommodations of the project for any purpose except <br />the use which was originally intended, or permit commercial use greater than that orig- <br />inally approved by HUD; <br />(h) Amend its articles of incorporation or by-laws other than as permitted under the terms <br />of the articles of incorporation approved by HUD. <br /> <br />Mortgagor shall maintain the mortgaged premises, accommodations and the grounds apd <br />equipment appurtenant thereto. in good and substantial repair and condition: PROVIDED <br />THAT, in the event aU or any of the buildings covered by the mortgage shall be destroyed or <br />damaged by ftre or other casualty. the money derived from any insurance on the property <br />shall be applied in accordance with the terms of the mortgage. <br /> <br />(8) <br /> <br />Mortgagor shall not ftle any petition in bankruptcy, or for a receiver, or in insolvency, or for <br />reorganization or composition, or make any assignment for the benefit of creditors or to a <br />trultce for creditors; or permit an adjudication in bankruptcy, the taking possession of the <br />mortgaged property or any part thereof by a receiver, or the seizure and sale of the mortgaged <br />property or any pan thereof under judicial proceS! or pursuant to any power of sale and fail <br />to have such adverse actions set aside within 45 days. <br /> <br />(10) Mortgaaor shall nom funds other than project income immediately satisfy or release any <br />muhariit.s lien, attachment. judgmaat lien, or any other lien which attaches to the mortgaged <br />propeny or any personal property used in the operation of the projc<:t, and shall dismiss or <br />have dismissed or vacatcdany receivership. or petition in bankruptcy or assignment for benefi, <br />of creditors, creditors bill or insolvency proceeding involving the project or the mortgaged <br />property. <br />(11) (a) If the Mortg~or has any business or activity other than the project and operation of the <br />mortgaged property, it shall maintain all income and other fund. of the project segregate <br />from any other funds of the mortgagor and segregatcd from an): funds of any other cor- <br />poration or person, Income and other funds of the project shall be expended only for <br />the purposes of the project. <br />(b) Mortgagor shall contract for independent professional management of the project in a <br />manner satisfactory to HUD. Any mallagem~nt contract entered'into by the mortgagor <br />involving the project shall contain a provision that it shall be subject to termination. <br />without penalty ilnd with or without cause, upon wrinen request by HUD addressed <br />to th! Mortgagor and the ma.nagcmenr agent. Upon receipt of such request the Mortgago <br />shall U1lmediately move to terminate the contract within a period of not more than 60 <br />days and shall make arrangements s~tisfactory to HUD for continuing proper managemen <br />of the project. <br />(c) !"leither Mortgagor nor its agents shall make any payment tor services. supphes. or mater. <br />lalS unless such services are actually rendered for the project or such supplies or materials <br />are delivered to the project and are reasonably neceuary for its operation. Payments for <br />such serviccs, or matcrials shall not exceed the amount ordinarily paid for such services, <br />supplies, or materials in thc area where ~he services are rendered or the supplies or mater. <br />ialS furnished. <br />(d) The mortgaged property, equipment. buildings, plans, offices, devices, books. app.uatus, <br />co~tra~ts, r~cords. documents, and all other papers relating thereto shall at all times be <br />m:un~amed In reasonable condition for proper audit and subject to examination .1nd in. <br />~pectlon ..It olny reasonable timf: by HUD and its duly authorized agents. Mongagor and <br />Its successou. assigns or its agenrs shall reuin copies of ail wriHen contracts or other in- <br />5trumc~ts whi<:h affecl the mnrtg;aged property. all or any of which may be subject to <br />IJ1spectlon and examination by Hl)D or ItS duly authorized 4lgencs, <br /> <br />(9) <br /> <br />" <br />