Laserfiche WebLink
<br />200702329 <br /> <br />(c) Convey, assign, or transfer any beneficial interest in any trust holding title to the <br />property, or any right to manage or receive the rents and profits from the <br />mortgaged property. <br /> <br />(d) Remodel, add to, reconstruct, or demolish any part of the mortgaged property or <br />subtract from any real or personal property of the project. <br /> <br />(e) Make, or receive and retain, any distribution of assets or any income of any kind <br />of the project except surplus cash and except on the following conditions: <br /> <br />(l) All distributions shall be made only as of and after the end of semiannual <br />or annual fiscal period, and only as permitted by the law of the applicable <br />jurisdiction; and, in the case of a limited distribution mortgagor, all <br />distributions in anyone tlscal year shall be limited to six per centum on <br />the initial equity investment, as determined by the Secretary which shall <br />be cumulative; <br /> <br />(2) No distribution shall be made from borrowed funds, prior to the <br />completion of the project or when there is any default under this <br />Agreement or under the note or mortgage; <br /> <br />(3) Any distribution or any funds of the project, which the party receiving <br />such funds is not entitled to retain hereunder, shall be held in trust <br />separate and apart from any other funds; and <br /> <br />(4) There shall have been campi iance with all outstanding notices of <br />requirements for proper maintenance of the project. <br /> <br />(f) Engage, except for natural persons, in any other business or activity, including <br />the operation of any other rental project, or incur any liability or obligation not in <br />connection with the project. <br /> <br />(g) Require, as a condition of the occupancy or leasing of any unit in the project any <br />consideration or deposit other than the prepayment of the first month's rent, plus <br />a security deposit in an amount not in excess of one month's rent (the gross <br />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 <br />outstanding obligations under said account. <br /> <br />(11) Permit the use of the dwelling accommodations of the project for any purpose <br />except the use which was originally intended, or permit commercial use greater <br />than that originally approved by the Secretary. <br /> <br />9. <br /> <br />(a) <br /> <br />Owners have executed an Agreement to enter into a Housing Assistance <br />Payments Contract or have executed a Housing Assistance Payments Contract if <br />an insurance upon completion case. The terms of said Contract are or shall be <br />incorporated by reference into this Regulatory Agreement. <br /> <br />(b) A violation of the terms of the Housing Assistance Payments Contract may be <br />construc.:d to constitute a default hereunder in the sole discretion oftht: Secretary. <br />