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<br />200702329 <br /> <br />(b) Where Owners are acquiring a project already subject to an insured mortgage, the <br />reserve fund for replacements to be established will be equal to the amount due to <br />be in such fund under existing agreements or charter provisions at the time <br />Owners acquire such project, and payments hereunder shall begin with the first <br />payment due on the mortgage after acquisition, unless some other method of <br />establishing and maintain the fund is approved in writing by the Secretary, <br /> <br />(c) If Owners are a nonprofit entity or a limited distribution mortgagor, Owners shall <br />establish and maintain, in addition to the reserve fund for replacements, a <br />residual receipts funds by depositing thereto, with the mortgagee, the residual <br />receipts, as defined herein, with 60 days after the end of the semiannual or annual <br />fiscal period within which such receipts are realized. Residual receipts shall be <br />under the control of the Secretary, and shall be disburscd only on the direction of <br />the Secretary, who shall have the power and authority to direct that the residual <br />receipts, or any part thereo1~ by used for such purpose as he may detel'mine, <br /> <br />3. Real property covered by the mortgage and this Agreement is described in Schedule A <br />attached hereto. <br /> <br />4. Except as provided in Paragraph 5 hereof: <br /> <br />(a) Owners shall make dwelling accommodations and services of the project <br />available to occupants at charges not exceeding those established in accordance <br />with a rental schedule approved in writing by the Secretary. Accommodations <br />shall not be rented for a period of less than thirty (30) days, or, unless the <br />mortgage is insured under Section 23), for more that three years. Commercial <br />facilities shall be rented for stich use and upon such terms as approved by the <br />Secretary, Subleasing of dwelling accommodations, except for subleases of <br />single dwelling accommodations by the tenant thereof: shall be prohibited <br />without prior written approval of Owners and the Secretary and any lease shall so <br />provide. Upon discovery of any unapproved sublease, Owners shall immediately <br />demand cancellation and notifY the Secretary thereof. <br /> <br />(b) Upon prior written approval by the Secretary, Owners may charge to and receive <br />from any tenant such amounts as from time to time may be mutually agreed upon <br />between the tenant and the Owners for any faci lities and/or services which may <br />be furnished by the Owners or others to such tenant upon his/her request, in <br />addition to the facilities and services included in the approval rental schedule. <br /> <br />(c) The Secretary will at any time entertain a written request for a rent increase <br />properly supported by substantiating evidence and within a reasonable time shall: <br /> <br />(i) Approve a rental schedule that is necessary to compensate for any net <br />increase, occurring since the last approved rental schedule, in taxes <br />(other than income taxes) and operating and maintenance cost over <br />which Owners have no etfective control, or <br /> <br />(ii) Deny the increase Slating the reasons therefiJr. <br /> <br />5. <br /> <br />(a) <br /> <br />The criteria governing eligibility of tenants for admission to Section 8 units and <br />the conditions of continued occupancy shall be in accordance with the Housing <br />Assistance Payments Contract. <br />