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4 - AMEND / RESTATE REGULATORY AMENDMENT_2018-12-18
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4 - AMEND / RESTATE REGULATORY AMENDMENT_2018-12-18
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12/18/2018 3:50:27 PM
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City Clerk
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Community Development
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12/18/2018
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<br /> 3 <br />ii. Available distributions of surplus cash and residual receipts authorized for <br />release by HUD, if the Borrower is a limited distribution entity; or <br />iii. Available residual receipts authorized by HUD, if the Borrower is a non-profit <br />entity. or <br />iv. A HUD-approved collateral assignment of any HAP contract. <br />(g) For so long as the Mortgage Loan is outstanding, Borrower and Iss uer shall not further <br />amend the Restrictive Covenants, with the exception of clerical errors or administrative correction <br />of non-substantive matters, without HUD’s prior written consent. <br />(h) Subject to the HUD Regulatory Agreement, the Issuer may require the Borrower to <br />indemnify and hold the Issuer harmless from all loss, cost, damage and expense arising from any <br />claim or proceeding instituted against Issuer relating to the subordination and covenants set forth <br />in the Restrictive Covenants, provided, however, that Borrower’s obligation to indemnify and hold <br />the Issuer harmless shall be limited to available surplus cash and/or residual receipts of the <br />Borrower. <br />(i) No action shall be taken in accordance with the rights granted herein to preserve the tax <br />exemption of the interest on the notes or bonds, or prohibiting the owner from taking any action <br />that might jeopardize the tax-exemption, except in strict accord with Program Obligations. <br /> <br />EXHIBIT 1 <br />4-29
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