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EXHIBIT 1 <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 Issuer 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 />3 <br />4-29 <br />