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~01J~0 <br />;°°~ <br />6~ <br />_~_ } <br />(7j Mortgagor shall not without the written approval of the Secretary: <br />(a) Transfer, dispose of or encumber any of the mortgaged property. An such transfer € <br />sha13 be only to a Person ur persons or corporation satisfactory to and approved by HUD, <br />who shalt, b legal and valid instrvment in writing, to be recorded or filed in the same- ': <br />recording office in which conveyances of the property covered by the mortgage. are re- ' <br />quired to be filed or recorded, duly assume all obligations under this agreement and under <br />thz Noce and Moztgage; <br />(b) Assign, transfer, depose of, or encumber any personal property, including rents or e <br />chazges. and shall not disburse or pay out any funds except as provided herein and in a <br />the Building Loan Agreement ; <br />(c) Remodel, reconstruct, add to, or demolish any part of the mortgaged property ar sub- <br />tract from any real or personal property of th project; <br />(d) Pay any compensation or make any distribution of income or other assets to any of its ) <br />officers, directors or stocl.holders; f <br />{e) Enter into any contract or contracts for supervisory or managerial services; ( <br />(f} Require, as a condition of occupancy or leasine of any unit in the project, any consider- } <br />anon or deposit other than the prepayment of the first month's rent (the gross Family con- <br />tribution in Section 8 units) plus a security deposit in an amount not in excess of one <br />month's rent to guazancee the performance of the covenants of the lease. Any fund collec- <br />ted as security deposits shall be kept sepazate and apazt from all other funds of the project <br />in a trust account the amount of which shall at all times equal or exceed the aggregate of <br />all outstanding obligations under said account; e <br />(g) Permit the use of the dwelling accommodations of the project Yor any purpose except = <br />the use which was originally intended, or permit commercial use greater than that orig- <br />inally approved by HUD; I <br />(h) Amend its articles of incorporation or by-laws other than as permitted under the terms <br />of the articles of incorporation approved by HUD. <br />(8) Mortgagor shall maintain the mortgaged premises, accommodations and the grounds and <br />equipment appurtenant thereto, in good and substantial repair and condition: PROVIDED s' <br />THAT, in the event all or any of the buildings covered by the mortgage shall be destroyed or j <br />damaged by fire or other casualty. the money derived from any insurance on the property ! <br />shall be applied in accordance with the terms of the mortgage. } <br />(9) Mortgagor shall not file any petition in bankruptcy, or for a receiver, or in insolvency, or for _} <br />reorganization or composition, or make any assignment for the benefit of creditors or to a <br />trustee for creditors; ar permit an adjudication in bankruptcy, the caking possession of the ! <br />mortgaged property or any put thereof by a receiver, or the seizure and sale of the mortgaged '', <br />property or any parr thereof under judicial process ur pursuant to any power of sale and tai! <br />to have such adverse actions set aside within 45 days. j <br />(14) Mortgagor shall fram funds other than project income immediately satisfy or release any <br />mechanic's lien, attachment, judgment Lien , or any other lien which attaches to the mortgaged, <br />property or any personal property used in the operation of the project, and shall dismiss or j <br />have dismissed or vacated any receivership, or petition in bankruptcy or assignment for benefit3 <br />of creditors, creditors bill or insolvency proceeding involving the p: oject or the mortgaged ! <br />property. ~ <br />(I1) (a) if the Mortgagor has any business or activity other than the pro,Iect and operation of the <br />mortgaged property, it shall maintain all income and other funds of the project segregacedj <br />fiom any other funds of the mortgagor and segregated from any funds of any other tor- 1~ <br />potation or person. Income and other funds of the project shall be expended only for <br />the purposes of the project. <br />(b) Mortgagor shall contract for indrpendent professional management of the project in a <br />i <br />manner satisfactory to HUD. Any management contract entered into by the mortgagor <br />involving the project shall contvrr a provtsion that it shall be subject tt~ termination, <br />without penalty and with of without cause, upon written request b}• HUll addressed <br />to the Mortgagor and the management agent. Upon receipt of such rcyuest the Moregagor~ <br />shall immediately move to terminate the contract within a period of nut more than 60 ~ <br />days and shad make arrangements satisfactory to HUD for continuing proper managemenq <br />of the project. ~ <br />(c) Neither Mortgagor nox its agents shall make any payment for servues, suppL~a, ...r mat~r- <br />ials unless such services are actu:dly rendered for the projector such supplies or m.tiznals 111 <br />are delivered to the project and arc reasmtably necessary fur its operation. Payments for <br />such services, or matenals shall nut exceed the amount ordinazily paid for such servtczs, <br />supplies, or materials in the area where the cervices are rendered or the supplies or stater- 1 <br />ials furnished. <br />(d) T'hc mortgaged property, zyuipment, buildings, plans, offices, devices, books, apparaws, <br />contracts, rewrds, documeuts, arrd all other papers relating thereto shall at all times be <br />maintained to reasonable condition for proper audit and subject to examinauon and in- <br />spection »t any reasonable tune by HUi3 arrd its duly authorized agents. AturtKagor and <br />its sucatssurs, assigns or its agents shat. retain copies of a!1 written contracts ur udtcr m <br />strumenrs wL-ich affect the mortgaged pn:pzrty, ail or any of whuh vtay be slbjra t.. <br />ll}Spe CE.Jn aril CX:1::1'.n..-`_.(iri b~ It ~~l. :.; its dt':i}' dtlt t?t?r 1Zt'il aFC i?Ci. - <br />