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-y.. e -3- (e) The books and accounts of the operations of the mortgaged property and of the project shall be kept in accordance with the requirements of HUD. (f) Within 60 days following the end of each fiscal year HUD shall be furnished with a complete annual financial report based upon an examination of the books and records of mortgagor prepared in accordance with the requirements of HUD, certified to by an officer of the Mortgagor and, when required by HUD, prepared and certified by a Certified Public Accountant, or other person acceptable co HUD. (g) At the request of HUD, its agents, employees, or attorneys, the Mortgagor shall give specific answers to questions upon which information is desired from time to time relative to the income, assets, liabilities, contracts, operation, and condition of the property and the status of the Mortgage and anv ocher information with respece to the Mortgagor or the mortgaged property and of the project which may be requested. (h) All receipts of the project shall be deposited in the name of the project in a bank, whose deposits are insured by the F.D.1.C. Such funds shall be withdrawn only in accordance with the provisions of this agreement for expenses of the, projece. Any person receiving funds of the project shall irmediately deposit such funds in the project bank account and failing so to do in violation of this Agreement shall hold such funds in trust. Any person receiving property of the project in violation of this Agreement shall immediately deliver such property to the project and failing so to do shall hold such property in trust. (i) Mortgagor shall at all tines, if required by the laws of the jurisdiction, maintain in full force and effect a license to operate the project from the state and/or other licensing au oi:~y. :;o gaga shah lea,.. rtion „f the projese only on terms auoroved by ~. y po HUD. (j) The Mortgagor shall not collect from tenants or occupants or prospective tenants or occupants of the project any admission fee, founder's fee, life-care fee, or simuar payment pursuant to any agreement, oral or written, whereby the Mortgagor agrees to furnish accommodations or services in the project to persons making such payments. {k) No officer, dtreaor, trustee. member, stockholder nor authorized representative of the Mortgagor shall have any financial interest in any contractual arrangement entered into by the Mortgagor in connection with rendition of services, the provision of goods or supplies. management of the project, procurement of furnishings and equipment, con- struction of the project, procurement of the site or other matters whatsoever. (12) (a) Mortgagor will limit public occupancy of the project to elderly, and handicapped persons and families as defined in Section 202 of the Housing Act of 1459 and applicable HUD Regulations. The criteria governing eligibility of tenants for admission to Section 8 units and the conditions of continued occupancy shall be in accordance with the Housing Assistance Payments contract. (b) Except as provided in (d) below Mortgagor will make its dwelling accommodations and services available to eligible occupants at charges established in accordance with a schedule to be approved in writing by HUD. Such accommodations shall not be rented for a period less than thirty days nor more than three years. Commercial facilities, if an}', shall be rented only in accordance with a schedule of charges fixed by the Mortgage and approved in writing by HUD. Subleasing of dwelling accommodations or commercia facilities shall be permitted only upon the terms and conditions approved by HUD in writing. (c} Upon pror written approval by' the Secretary, Mortgagor may charge to and receive from anv tenant such amounts as from time to time may be mutually agreed upon between the tenant and the Mortgagor for any facilities and/oz services which may be furnished by the Mortba~or or others to such tenant upon his request, in additior. *_o the facilities and ser- vices included in the approved rental schedule. {d) The Secretary will at any time entertain a written request for a rent increase properly supported by substantiating evidence and within a reasonable time shall: {i) Approve a rental schedule thzt is necessary- to compensate for anv net increase occuring since the last approved rental schedule, in raves (other than income taxes) and operating and maintenance cost over which Mortgagor has no effective control. or (ii) Deny the increase stating the reasons therefor. (e) The Criteria governing eligibility of tenants for admission to Section 8 units and the conditions of continued occupancy shall be in accordance with the Housing Assistance Payments Contract, (f) The maximum rent that may be charged for occupancy of a Section 8 unit shall be in accordance with the provisions of the Hauling Assistance Payments Contract and ad- justments iin such rents shall be made in accordance with the terms of the Housing Assistance Payments Contract. fg) Nothing contained in ehis Agreement shall be construed to relieve the Mortgagor of any obligations under the Housing Assistance Payments Contract.