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200702329 accordance with the terms of this Agreement until such time as the Secretary in his discretion determines that the Owners are again in a position to operate the pr~iect in accordance with terms of this Agreement and in compliance with the requirements of the note and mortgage; (d) Apply to any court, State or Federal, for specific performance oftllis Agreement, for an injunction against any violation of this Agreement, for the appointment of a receiver to take over and operate the project in accordance with the terms of the Agreement, or for such other relief as may bc appropriate, since the injury to the Secretary arising from a default under any of the terms of this Agreement would be irreparable and the amount of damage would be difficult to ascertain. 15. As security for the payment due under this Agreement to the reserve fund for replacement, and to secure the Secretary because of his liability under the endorsement of the note for insurance, and as security for other obligations under this Agreement, the Owners respectively assign, pledge and mortgage to the Secretary their rights to the rents, profits, income and charges of whatsoever sort which they may receive or be entitle to receive from the operation of the mortgaged property, subject, however to any assignment of rents in the insured mortgage referred to herein. Until a default is declared under this Agreement, however, permission is granted to Owners to collect and retain under the provisions of this Agreements such rents, profit, income, and charges, but upon default this permission is tenninated as to all rents due or collected thereafter. 16. As used in this Agreement the term: (a) "Mortgage" includes "Deed of Trust", "Chattel Mortgage," "Security Instrument," and any other security for the note identified herein and endorsed for insurance or held by the Secretary: (b) "Mortgagee" refers to the holder of the mortgage identified herein, its successors and assigns; (c) "Owners" refers to the persons named in the first paragraph hereof and designated as "Owners, their Sllccessors, heirs and assigns"; (d) "Mortgaged Property" includes all property, real, personal, or mixed, covered by the mortgage or mortgages securing the note endorsed for insurance or held by the Secretary; (e) "Project" includes the mortgaged property and all its other assets of whatsoever nature of wheresoever situate, used in or owned by the business conducted all said mortgagcd property, which business is providing housing and other activities as are incidental thereto; (f) "Surplus Cash" (protit+motivated Owner) or "Residual Receipts" (nonprofit Owner) means any cash remaining at the end of a semiannual and annual fiscal period aner: (1) the payment of: (i) All sums due or ~urrently required to be paid under the terms of any mortgage or note insured or held by the Secretary;