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(a) Borrower, Trustee and Issuer acknowledge that this Indenture, and any <br /> obligations of Borrower hereunder, are subject and subordinate to the FHA Loan Documents. <br /> Notwithstanding any provision in this Indenture to the contrary, no obligations of the Borrower <br /> hereunder shall be payable except from (A) Surplus Cash (as defined in the HUD Regulatory <br /> Agreement) or (B) funds that are not derived from (i) revenues of the Project (as defined in the <br /> FHA Mortgage), (ii) any reserve or deposit made with the FHA Lender or any other party as <br /> required by HUD in connection with the FHA Loan Documents, or(iii) any proceeds of the FHA <br /> Note (collectively, "Non-Project Sources"). No claims or actions shall be made (or payable) <br /> under this Indenture against the Project, the FHA Lender, the proceeds of the FHA Note, or the <br /> assets of the Borrower, except from Non-Project Sources. In addition, the rights and obligations <br /> of the parties under this Indenture and all other documents evidencing, implementing, or <br /> securing this Indenture (collectively, the "Subordinate Bond Documents") are and shall be <br /> subordinated in all respects to the rights and obligations of the parties to and under the FHA <br /> Loan Documents. In the event of any conflict between the provisions of(i) this Indenture or the <br /> Subordinate Bond Documents and (ii) the provisions of the FHA Loan Documents or the <br /> Program Obligations (as defined in the FHA Mortgage), the provisions of the FHA Loan <br /> Documents or the Program Obligations shall control. The provisions of this Section 13.14 shall <br /> control over any inconsistent provisions in this Indenture or the Subordinate Bond Documents. <br /> (b) Any subsequent amendment to this Indenture or the Loan Agreement is subject to <br /> prior written approval of HUD (so long as the Project is subject to a mortgage insured or held by <br /> HUD). No amendment to this Indenture or the Loan Agreement shall conflict with the <br /> provisions of the Program Obligations. <br /> (c) The Bonds are not a debt of the United States of America, HUD, FHA, GNMA or <br /> any other agency or instrumentality of the federal government and are not guaranteed by the full <br /> faith and credit of the United States or any agency or instrumentality thereof. <br /> (d) There is no pledge hereunder or under the Loan Agreement of the gross revenues <br /> or any of the assets of the Project. <br /> (e) Neither a default under this Indenture nor under the Loan Agreement shall <br /> constitute a default under the FHA Loan Documents related to the Project. <br /> (f) Nothing contained herein or in the Loan Agreement shall inhibit or impair the <br /> right of FHA to require or agree to any amendment, change or modification of any FHA Loan <br /> Documents related to the Project for the purpose of curing any ambiguity, or of curing, <br /> correcting or supplementing any defective or inconsistent provision contained therein, or in <br /> regard to matters or questions arising under said FHA Loan Documents so long as any such <br /> amendment, change or modification shall not adversely affect the payment terms of the Bonds. <br /> (g) Neither the Issuer, the Trustee, nor any of the Holders has or shall be entitled to <br /> assert any claim against the Project, any reserves or deposits required by HUD in connection <br /> with the Project, or the rents or deposits or other income of the Project. <br /> - 69 - <br />