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801300 -3- C~ ® ' (ei The books and accounts of rite operations of the mortgaged property and of the project shalt be kept in accordance with the requirements of HUD. (f) lvithin 60 days following the end of each fiscal yeaz HUD shall be £urnished 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 w by an officer of the Mortgagor and, when required by HUD, pprepared and certified by a Certified Public Accountant, or other person accentab}e to 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 Mongage and any ocher information with respect 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shall be deposited in the name of the proiea in a bank, whose r deposiu are insured by the F.D.I.C. Such roods shall be withdrawn only in accordance witty the provisions of`this agreement for expenses of the, project. Any person receiving funds of the project shall immediately 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 inunediately deliver such properly to the project and failing so to do shall hold such property in trust. (i) Mortgagor shall at all times, if required by the laws of the jurisdiction, maintain in full force and effect a license to operate the project from the state andfor other licensing authority. Mortgagor shall lease any portion of the project only on terms approved by 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 similar 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, director, trustee, member, stockholder nor authorized representative n£ 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- struccion 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 1959 and applicable HUD Regulations. The criteria governing eligibility of tenants for admission to Section 2 units and the conditions of continued occupancy shall be in accordance with the Housing Ac_siitance Payments contract. (b) Except as provided in (d) below Mortgagor will make its dwellin - 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 clays nor more than three years. Commercial facilities, tf any, shall be rented only in accordance with a schedule of charges fixed by the 6lortgagot and approved in writing by HUD. Subleasing of dwelling accommodations or commercial facilities shall be permitted only upon the terms and conditions approved by HUD in writing. (~) Upon prior written approval by the Secretary, [vforcgagor may charge to and receive from anv tenant sach amounts as from time to rime may be mutually agrec~i upon between tits tenaru and the Mortgagor for any facilities andfor services which may be furnished by th. Mortgagor or others to such tenant upon his request, in addition to the facilities and ser- vices included in the approved rental schedule. (d) The Secretary will at any time encertain a written request for a rent iru tease properly supported by substantiating evidence and within a reasonable time shall: (i} Approve a rental schedule thrt is necessary ro compensate for anv net uurrasr occuring since the last approved rental schedule, in taxes (other than urcome rases) and operating and r lain tenance cost over which Mortgagor has no of (cetive control. or (ii) Deny the increase staring the reasons therefor. (e) "I'hc rncaria governing eligibility of tenants for admission to Sectiuu 8 wets and the ~i conditions of continued occupancy shall be in accordance with the Flousurg Asstsutnee i Payments Contract. I (f} The maximum rent that may be charged for occupancy of a Section 4 umt shall he w accordance with the provisions of the Housing Assistance Payments Contract and ad- justmrnts in such rears shall be made in accordance with the~icrms ul the Housing ~ Assistrance Payments Contract. ' (g) Nothing contained ir, this Agreement shall ne construed to releev-e the Riortgeg..r :,I an_s 1 obligations under the Housing Assistance Pavsuents Contract.