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rents or income from the Project (other than available Surplus Cash, as such term is <br /> defined in the HUD Regulatory Agreement or as otherwise permitted by HUD). <br /> (c) The Borrower shall not be deemed to be in violation of this Agreement if <br /> it shall take (or refrain from taking) any actions required (or prohibited) by HUD <br /> pursuant to the National Housing Act, applicable HUD (and Section 8, if applicable) <br /> Regulations and related administrative requirements or the HUD Loan Documents. <br /> (d) Any Project funds held by the Senior Lender for or on behalf of the <br /> Borrower shall be maintained separate and apart from the funds established and held by <br /> the Trustee and the various escrows and funds, if any,under the Indenture. <br /> (e) No amendment to this Agreement shall conflict with the provisions of the <br /> National Housing Act, any applicable HUD regulations, related administrative <br /> requirements, the HUD Loan Documents, or any applicable GNMA regulations and <br /> related administrative requirements. <br /> (f) This Agreement shall not be construed to restrict or adversely affect the <br /> duties and obligations of the Senior Lender under the contract of mortgage insurance <br /> between HUD and the Senior Lender with respect to the Project. <br /> (g) Neither the Issuer, the Trustee nor any bondholder has or shall be entitled <br /> to assert any claim against the Project, the undisbursed HUD-Insured Loan proceeds, any <br /> reserves or deposits required by HUD in connection with the HUD-Insured Loan or the <br /> rents or deposits or other income of the property other than "Surplus Cash" as defined in <br /> the HUD Regulatory Agreement. <br /> (h) Nothing herein is intended to alter or conflict with the terms, conditions, <br /> and provisions of the HUD regulations, handbooks, administrative requirements, and <br /> lender notices in effect at the time of HUD's endorsement of the Mortgage Note, or the <br /> documents required to be executed by the Borrower in connection with the endorsement <br /> of the Mortgage Note; and to the extent that they do so, the HUD regulations, <br /> administrative requirements, handbooks, lender notices and documents shall control and <br /> this Agreement shall be amended or deemed amended so as not to alter or conflict with <br /> the aforesaid regulations, documents, administrative requirements, handbooks or notices. <br /> This provision shall terminate and be void upon termination of HUD-Insured Loan. <br /> (End of Article VIII) <br /> US.126411073 05 <br /> 8 <br />