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I '11 - 5- 84~005483 .r"e~e~jto the persons named lO the first paragraph hereof and designated as OW:-lers, their successors and assigns; (e) HMortgaged Property" includes all property: real; per.!":onal, or mixed covered by the morlRage or mOrtgag~s s~curing the note endorsed for insurance or heid by the Commissioner; (f) Itprojecf' includes the mortgaged property Cirid all its. other assets of wlu1tsocver nature.or whetesvt?v€r situate, used in or owned by the business conducted on said mortgaged property. which business is providing housing and other such activities as are incidental thereto; (g) "Surplus Cash" means any cash remaining'after: (;) All sums due or currently required to be paid under the terms of any mortgage by the Federal Housing Commissioner; (1) the payment of: (ii) All amounts required to be deposited in the reserve fund for replacements; Wi) All obligations of the project other than the insured mortgage unless funds for or deferment of payment has been approved by the Commissioner;' and (2) the segregation of: (ii) All tenant security deposits held; (h) "kesidual Receipts" means any cesh remaining at the end of a semiannual or deducting from surplus cash the amount of all distributions as Ihat term is defined below end Paragraph 6(e) hereof; (i) "Family" means (1) two or more persons releted by blood, marriage, or operation of law who occupy thesa_ unit; (2) a handicapped person who has a physical impairment which is expected to be of long continued and in- definite duration, substantially impedes his ability to live independently, and is of such a 'nature thathisabUit}o', could be improved by more suitable housing conditions; (3) a single person, 62 years of age or olde.; or,(4)a,~~"'i person less than 62 )'ears of age provided that occupancy by such persons is limited to 1&K. of thedweUin&,'llI\i~,,: ' in the project, unless the occupants receive rent supplement benefits pursuant to a tent supplement co\ltmct,in,: which instance the 10 percent limitation shall not be appliceblei (j) "Distribulion" means any withdrawal or taking of cash or any assets of the project, including the segregatiQti, of cash or assets for subsequent withdrawal within the limitations of Paragraph 6(e) hereof, a\ld excludingPl'Y- ment for reasonable expenses incident to the opetalion and maintenll1lce of the project; (It) ..lncom.... means the gross ennual income of the family from all sources before taxes and withholdin&. .fief: giving effect to exclusions allowed by the Commissioner; (n "Default" means a default declared by the Commissioner when a violetion of this Agreement is not con:ecte<l to his satisfaction within Ihe lime ellowed by this Agreement or such further time as may be allowed by the Commissioner after written notice. 14. This instrument shall bind, and the benefits shall inure to, the respective Owners, their heirs, legal represem.. iive::a, execututli, oomlfiistffiturs, succeSSOrS ill office Or interest, ilnd Q~signst am1 to the COmmissiofiet and his successors so long as the contract of mortgage insurance continues in effect; and during such further lime as the Commissioner shall be the owner, holder, or reinsurer of the mortgage, or obligated to rei\lsure the mortgage. 15. Owners warrant that they have not, and will nol, execute any other agreement with provisions contradictory of. Of in opposition to, the provisions hereof, and that, in any event, the requirements of this Agreement are para... mount and controlling as to the rights and obligations set forth and supersede any other requir8\llents~n conflict therewith, 16. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portt_ tlulJ<lof. 17. The followinC Ownen;: do not USuale petllonailiab.i1ily for payments due untler the note and mortgage, to the reserve for replacements, or for matters not under their control, except: ;,\' ,