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<br />I <br /> <br />- 5 - <br /> <br />84 -- 005482 <br /> <br />(d) "Owners IJ refers to the persons named in the first paragraph hE"reof and desi~nated as Ownds, their <br />successors Clnd assigns~ <br /> <br />(e) IIMortgaged Property" in{'llldp~ ~!! rropP!'tv. n:O;Jl!. p~T~/)m-l!. I)!" mi~..:"d c~l':"erl:';j bv thf' !!!0rt!!a~-e 0!' ~-o!'!f!a~e-s <br />securing the nute endorsed for insurance or heid by the Commissioner, <br /> <br />HProjcct~' mciudes the mvitg.aged property and <.iii i.i:s. other .,.S5ets of whatSl...Jt.....et naii.He (11 Whefes.Oevef <br /> <br />situate, used in or owned by the business conducted on said mortgaged property. which business is providing <br />housing and other such activities as are incidental thereto; <br /> <br />(1) <br /> <br />tJ..~ .........,-..,...,. ....,.t. <br />......... i-""'..'i .u.....~ .....~. <br /> <br /> <br />(g) uSurpJ.JS Cash" means any cash remaining after: <br /> <br />(i) All sums due or currently required to be paid under the terms of any mortgage or note insured or held <br />by the Federal Housing Commissioner; <br /> <br />(ii) All amounts required to be deposited In the reserve fund for replacements; <br /> <br />(iii) AU obligations of the project other than the insured mortgage unless funds for payment"are~set'~astdEf' <br />or defermenl of payment has been approved by the CommIssioner; and <br /> <br />(2) the segregation of: <br /> <br />(i) An amount equal to the aggregate of all special funds required to be maintained by the :)foject; <br /> <br />(iil All tenant security deposIts held; <br /> <br />(h) "F<esidual ReceIpts" means any cash remaimng at the end of a semiannuai or annual fiscal period after <br />deducting from surplus cash the amount of all distributions as that term is defined below and as limited by <br />Paragraph 6(e) hereof; <br /> <br />(i) "Family" means (1) two or more persons related by blood, marriage, or operation of law who occupy the same <br />unit; (2) a handicapped person who has a physical impairment which IS expected to be of long continued and in- <br />definite dwation, SUDsi.antiaily impedes his abUity (0 live independently, and is of such a nature that his ability <br />could be improved by more suileble housing conditions; (3) a single person, 62 years of age or older; or (4) a single <br />person less than 62 years of a~e provided that occupancy by such pers.ons is limited to 10% ot the dwe!!i.'1@,-uai.ts <br />in the project, unless the occupants receive rent supplement benefits pursuant to a rent supplement contract in <br />which instance the 10 percent limitation shell not be applicable; <br /> <br />(j) "Distribution" meanS any withdrawal or taking 01 cash or any assets of the projecl, including the segregation <br />of cash or assets for subsequent withdrawal within the limitations of Peragraph 6(e) hereof, and excluding pay- <br />ment for reasonable expenses incident to the operation and maintenance of the project; <br /> <br />Ov n !ncnee" ~e9!lS th~ s:~ss ennual i::~me of the fem.i.!y from ~ll SCI.:rCCS before taxes and withholdii'iL aCtei <br />giving eft""t to exclusions allowed by the Commissioner; <br /> <br />(1) uDefaultH means a default deda_u~d by the Commissioner when 8 violation of this Agreement is not corrected <br />tQ his sal1sfactiQn WIthin the tIme allowed by thIS Agreement or such further time as may be allowed by the <br />Commissioner after wrHten notice. <br /> <br />14, Ttus !nstrument shall bind, and the benefits shall ~nure to~ the respecti..:e Owners, thejr heirs. let5,al h:prest."ma'" <br />tives. executors, admmistrators. succeSSorS in oUice or interest, and assigns, and to the Commissioner and his <br />s.u.ccessorS so long as the contract of mortgage Insurance continues in effect; and during such further time as the <br />Commissioner shall be the owner, holder, or reinsurer of the mortgage, or obligated to reinsure the mortgage, <br /> <br />15. Owners warrant that they have not, and will not, execute ilny other agreement with provisions contradictory of, <br />or in opposition to. the provisions hereof, aed that, tn any event, the requiremenls of this Agreement are par.a- <br />mount and controlling as to the rights and obligations set forth and supersed. any other requirements in conflict <br />therew ith, <br /> <br />16~ The invalidity of any clause, part or prOVISion of thiS Agret'mcnl shall not aUt>cl the validity of the rt"rnalOlng <br />portiou thereof. <br /> <br />17, The following Owners; <br /> <br />do not aaaume peraonal li_bJhty fOf payments due under the note <:ind InOItf!,<-i&e, 10 the re:serve for replal.-ements. <br />t>' for matter.. nQt under thel< control, excepl: <br />