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I ~g...... 101515 -3- (e) The books and accounts of the operations of the mortgaged property and of the project shall be kept in accordance with the requirements of HOD. (f) Within 60 days following the end of each fiscal year HUD shall be furnished with a complete annual financial report based upon an examination of the books and records of mortgagor prepared in accordance with the requirements of HUD, certified to by an officer of the Mortgagor and, when required by HUD, prepared and certified by a Certified Public Accountant. or other person acceotable to HUD. (g) At the request of HUD. its agents, employees, or attorneys, the Mortgagor shall give specific answers to questions upon which information is desired from time to time relative to the income, assets, liabilities, contracts, operation, and condition of the property and the status of the Mortgage and any other information with respect to the Mortgagor or the mortgaged property and of the project which may be requested. (h) All receipts of the project shall be deposited in the name of the project in a bank, whose deposits arc insured hy the F ,D.I.e. Such funds shall be withdrawn only in accordance with the provisions of this agreement for expenses of the. project. Any person receiving funds of the project shall immediately deposit such funds in the project bank account and failing so to do in violation of this Agreement shall hold such funds in trust. Any person receiving property of the project in violation of this Agreement shall immediately deliver such property to the project and failing so to do shall hold such property in trust. (i) Mortgagor shall at all times, if required by t~e laws of the jurisdiction, maint~in in: full force and effect a license to operate the project from the state and/or other hcensmg authority. Mortgagor shall lease any portion of the project only on terms approved by HUD. U> The Mortgagor shall not collect from tenants or occupants or prospective tenants or occupants of the project any admission fee, founder's fee, life-care fee, or similar payment pursuant to any agreement, oral or written, whereby the Mortgagor agrees to furnish accommodations or services in the project to persons making such payments. (k) No officer, director, trustee, member, stockholder nor authorized representative of the Mortgagor shall have any financial interest in any contractual arrangement entered into by the Mortgagor in connection with rendition of services, the provision of goods or supplies, management of the project, procurement of furnishings and equipment, con- struction of the project, procurem-:nt of the site or other matters whatsoever. I. I I I I I i lL (12) (a) Mortgagor will limit public occupancy of the project to elderly, and handicapped persons and families u dcfint!d in Section 202 of the Housing Act of 1959 and applicable HUD Regulations. The criteria governing eligibility of tenants for admission to Section 8 units and the conditions of continued occupancy shall be in,accordance with the Housing Assistance Payments contract. (b) Except as provided in (d) below Mortgagor will make its dwelling accommodations and services available to eligible occupants at charges established in accordance with a schedule to be approved in writing by HUD. Such accommodations shall not be rented for a period less than thirty days nor more than three years, Commercial facilities, if any, shall be rented only in accordance with a schedule of charges rued by the Mortgago' and approved in writing by HUD. Subleasing of dwelling accommodations or commercial facilities shall be permitted only upon the terms and conditions approved by HUD in writing. (c) Upon prior written approval by the Secretary, Mortgagor may charge to and receive frorr any tenant such amounts as from time to time may be mutually agreed up:on between th, tenant and the Mortgago!' for any facilities and/or services which may be Furnished by th, Mortgagor or others to such tenant upon his request, in addition to the facilities and ser. vices included in the approved rental schedule. (d) The Secretary will at any time entertain a written request for a rent iru;rease properly supported by substantiating evidence and within a reasonable time shall: (i) Approve a rental schedule that is necessary to compensate for any net increase occuring since the last approved rental schedule, in taxes (other than income taxes) and operating and maintenance cost over which Mortgqor has no effective control. or (ii) Deny the increuc stating the reasons therefor. (e) The criteria governing eligibility of tenants for admission to Section 8 unin and the conditions of continued occupancy shall be in accordance with the Housing Assistance Paymenn Contract, (f) The maximum rent that may be charged for occupancy of a Section 8 unit shall be in accordance with the provisions of the Housing Assistance Payments Contract and ad- justments in auch rents shall be made in accordance with the terms of the Housing Assistance Payments Contract. (a) Nothins contained in this Agreement shall be construed to relieve the Mortgagor of any obli<<ationl under the Houling Assistance Payments Contract.