r
<br />
<br />-4-
<br />(13} Mortgagor will comply with the provisions of any Federal, State or local law prohibiting
<br />discrimination in housing on the grounds of race, color, creed or national origin, including ._
<br />Title VI of the Civil Rights Act of 1964 (P.L. $$-352, 42 U.S.C. 2000d-1), Tile VIII of the
<br />Civil Rights Act of 196$ (P.L. 90-2$4: 42 U.S.C. 3601) and Executive Order 11063 (27 F:R.
<br />11527), and all requirements imposed by or pursuant to the regulations of she Depaztmenf ,
<br />of Housing and Urban Development (24 CFR) issued pursuant to Title VI, Title VIII, or
<br />Executive Order 11063.
<br />~'?-
<br />0
<br />00
<br />(14) No litigation seeking the recovery of a sum in excess of $5,000 nor any action for specific
<br />performance or other equitable relief shall be instituted nor shall any claim for a sum in
<br />excess of $5,000 be settled or compromised by the Mortgagor unless prier written consent
<br />thereto has been obtained from HUD. Such consent may be subject to such terms and
<br />conditions as HUD may prescribe.
<br />(15} Upon a violation of any of the above provisions of"this Agreement by Mortgagor, HUD may
<br />give written notice, thereof, to Mortgagor, by registered or ceni£ed mail, addressed to the
<br />address stated in this Agreemene, ur such other address as may subsequently, upon appropriate
<br />written notice thereof to HUD, be designated by the Mortgagor as its legal business address. If
<br />such violation is not corrected to the satisfaction of HUD within 30 days after the date such
<br />notice is mailed or within such further tame as HUD determines it is necessary to correct the
<br />violation, without further notice HUD may declare a Default under this Agreement effective
<br />on the date of such declazatian of default and upon such Default HUD may:
<br />(1) Take possession of the project, bring any action necessary to enforce any rights of the
<br />mortgagor growing out of the project operation, and operate the project in accordance
<br />with the terms of this Agreement until such time as HUD in its discretion determines
<br />chat the mortgagor is again in a position to operate the project in accordant.: with the
<br />terms of this Agreement and in comphance with the requirements of the Note and
<br />Mortgage.
<br />{2) Collect all rents and chazges in connection with the operation of the project and use
<br />such collections to pay the mortgagor's obligations under this Agreement and ender
<br />the Note and Mortgage, and the necessary expenses of preserving the property and
<br />operacting the project. ,
<br />(3) Declare the whole of said indebtecincss immediately due and payable and then proceed
<br />rvith the foreclosure of the rnartffa¢c.
<br />ppi y
<br />!4) A to a;.y court, State ar i'ederal,rar specr c performance of this Agreement, for
<br />an tnjunc[ion against any violation of she Agreement, for tine appointment of a receiver
<br />to take over and opera[, the property in accordance with the terms of the Agreement,
<br />or for such ether relief as miry be appropriate, since the injury to HUD arising from a
<br />default under any of the terms of this Agreement would be irreparrble and the amount
<br />of damage would be difficuh to ascertain.
<br />(16) (a) Mortgagor has executed an Agreement co enter into a Housing Assistance Payments
<br />Contract. The terms of the Housing Assistance Payments Contract, when executed,
<br />shall be incorporated by reference unto chic Regulatory Agreement,
<br />(b) A violation of the Housing Assistance Payments Contract tnav be construed to umsti-
<br />tute adefault hereunder in the sole discretion of HUll;
<br />(c) in the event said Housing Assistance Payments Contract expires or terminates before
<br />the expiration or termination of this Agreement, the provisions of this paragraph and
<br />any other reference to said contract, to Section $ and to Section S units contained
<br />hereur shall be self-caturlling shall no Langer bt< effective as of the date of the expiration
<br />or tenninauon of the Housing Assistance Payments Contract.
<br />(Q7) As used in this Agreement the term:
<br />(a} '"Air,rtgagi;" includes "Deed of Trust" "'Chattel Mortgage" and any c,drrr srcnnty fur
<br />the Note identified herein:
<br />(h) "Mortgagee" refers to the balder of the mortgage identified herein, ets arccswrs and
<br />assigns;
<br />{c) "Murtgagod Property" me}odes property, real, personal, <u nuxcd, , uvcnd by the
<br />mortgage or rnartgagcs secunng the note held by !-IUD:
<br />{d) "Project" includes the niartgaged property and all its other assets or whatscu vet snuau,
<br />used in ar owned by the business conducted un said urortgagcd property;
<br />(r) "llistribution" means any withdraw;rl or taking ut cash or other assets uE the uru~cct
<br />other than for niurcgagc payments ur for payment ~~f rcasonablc• expense>; rr:cident t,~
<br />its construction, operation and maurtcnas;;e;
<br />{f) "I-~elault° means a default declared by Hi:D whet a ~-ruiat:on of thrs Ai;rrernent a „~,t
<br />torte: tcd to its s tisfartis,;; :f•ir't:irt ;ire tent; .aiiuw;:d b} ti:;s .ngreemefit or suite (::rrh~•:
<br />Erinf a'; iteay be 111aw(=c7' UV ri~11.1 a?ClL K'rl[E~II ns~ClL t.
<br />
|