Common use of Warning Clause in Contracts

Warning. Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions. This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS (Agreement) made this _____ day of ____________________, 20____, by and between _______________________________________________, (Lender), whose principal address is _______________________________________________, and ____________________________________________________, (Borrower), whose principal address is _______________________________________________, [and if applicable, _______________________________________________ (Depository Institution), whose principal address is _______________________________________________,] in connection with FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by Lender. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred Repairs, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).

Warning. Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions. This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS MINOR MOVABLE EQUIPMENT (Agreement) made this _____ day of ____________________, 20____, by and between _______________________________________________, (Lender), whose principal address is _______________________________________________, and ____________________________________________________, (Borrower), whose principal address is _______________________________________________, [and if applicable, _______________________________________________ (Depository Institution), whose principal address is _______________________________________________,] _ ], in connection with U.S. Department of Housing and Urban Development (HUD) FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [constructed, rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by Lender. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred RepairsMinor Movable Equipment, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary HUD pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).

Warning. Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions. This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS OPERATING DEFICITS (Agreement) made this ______ day of ____________________, 20____, by and between _______________________________________________, (Lender), whose principal address is _______________________________________________, and ____________________________________________________, (Borrower), whose principal address is _______________________________________________, [and if applicable, _______________________________________________ (Depository Institution), whose principal address is _______________________________________________,] in connection with the U.S. Department of Housing and Urban Development (HUD) FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [constructed, rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by LenderXxxxxx. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred RepairsOperating Deficits, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, Instrument except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary HUD pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).

Warning. Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions. This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS DEBT SERVICE RESERVE (Agreement) made this ______ day of ____________________, 20____, by and between _______________________________________________, (Lender), whose principal address is _______________________________________________, and ____________________________________________________, (Borrower), whose principal address is _______________________________________________, [and if applicable, _______________________________________________ (Depository Institution), whose principal address is _______________________________________________,] in connection with the U.S. Department of Housing and Urban Development (HUD) FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [rehabilitated, purchased or refinanced] being refinanced from the proceeds of a Loan insured by HUD and made by LenderXxxxxx. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred Repairs, Debt Service Reserve the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, Instrument except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary HUD pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).

Warning. Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions. This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS AND CERTIFICATION (Agreement) made this Agreement),is effective as of the ______ day of ____________________, 20____, by and between among _______________________________________________, _ (LenderBorrower), whose principal address is _______________________________________________, and ____________________________________________________, (BorrowerLender), whose principal address is _______________________________________________, [and (if applicable), _______________________________________________ (Depository InstitutionGeneral Contractor), whose principal address is _______________________________________________,] , in connection with FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by Lender(Project). (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred Repairsand Certification, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary HUD pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).. Borrower has applied to Lender for a Loan for one of the following purposes [check applicable box] in connection with the Project: Constructing or substantially rehabilitating a Project, the work to be performed by General Contractor, and Xxxxxx has applied to HUD for insurance of the Loan in the amount of $____________________, under Section ________ of the National Housing Act, as amended, in which case all paragraphs below shall apply; or Financing or refinancing, after the completion of repairs (or satisfactory arrangements for completion of repairs), of a Project, and Lender has applied to HUD for insurance of the Loan in the amount of $____________________, under Section _______ ________________ of the National Housing Act, as amended, in which case only Paragraphs 1, 2, and 6, below, shall apply. HUD has issued a Firm Commitment to insure the Loan in said amount pursuant to said Section and Program Obligations issued pursuant thereto. The amount of the Loan is subject to reduction, as provided in said Act, and this Agreement and Certification is automatically amended accordingly. In consideration of the mutual promises and undertakings contained herein, and for the purpose of inducing the Lender to make and HUD to insure said Loan, the parties acknowledge and agree as follows:

Warning. Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions. This ESCROW COMPLETION ASSURANCE AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS (Agreement) made this _____ day of ____________________, 20____, by and between _______________________________________________, ____ (LenderContractor), whose principal address is __is: _____________________________________________, and ____________________________________________________, _______ (Borrower), whose principal address is is: ___________________________________, and ________________________________________________________ (Lender), whose principal address is: _________________________________________________________________, [and if applicable, ___________________________________________________ (Depository Institution), whose principal address is is: _______________________________________________,] in connection with FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by Lender]. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred RepairsCompletion Assurance Agreement, the Regulatory Agreement between Borrower and the U.S. Department of Housing and Urban Development (“HUD”), the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).

Warning. Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions. This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS WORKING CAPITAL (Agreement) made this _____ day of ____________________, 20____, by and between _______________________________________________, (Lender), whose principal address is _______________________________________________, and ____________________________________________________, (Borrower), whose principal address is _______________________________________________, [and if applicable, _______________________________________________ (Depository Institution), whose principal address is _______________________________________________,] _ ], in connection with the U.S. Department of Housing and Urban Development (HUD) FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [constructed, rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by Lender. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred RepairsWorking Capital, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary HUD pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).

Warning. Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions. . This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS WORKING CAPITAL (Agreement) made this _____ day of ____________________, 20____, by and between _______________________________________________, (Lender), whose principal address is _______________________________________________, and ____________________________________________________, (Borrower), whose principal address is _______________________________________________, [and if applicable, _______________________________________________ (Depository Institution), whose principal address is _______________________________________________,] _ ], in connection with the U.S. Department of Housing and Urban Development (HUD) FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [constructed, rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by Lender. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred RepairsWorking Capital, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary HUD pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).

Warning. Any person Anyone who knowingly presents submits a false, fictitious, false claim or fraudulent makes a false statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal and/or civil penalties, civil liabilityincluding confinement for up to 5 years, fines, and civil and administrative sanctionspenalties. (18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §3729, 3802). This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS AND CERTIFICATION (Agreement) made this Agreement),is effective as of the ______ day of ____________________, 20____, by and between among _______________________________________________, _ (LenderBorrower), whose principal address is _______________________________________________, and ____________________________________________________, (BorrowerLender), whose principal address is _______________________________________________, [and (if applicable), _______________________________________________ (Depository InstitutionGeneral Contractor), whose principal address is _______________________________________________,] , in connection with FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by Lender(Project). (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred Repairsand Certification, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary HUD pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).. Borrower has applied to Lender for a Loan for one of the following purposes [check applicable box] in connection with the Project: Constructing or substantially rehabilitating a Project, the work to be performed by General Contractor, and Xxxxxx has applied to HUD for insurance of the Loan in the amount of $____________________, under Section ________ of the National Housing Act, as amended, in which case all paragraphs below shall apply; or Financing or refinancing, after the completion of repairs (or satisfactory arrangements for completion of repairs), of a Project, and Lender has applied to HUD for insurance of the Loan in the amount of $____________________, under Section _______ ________________ of the National Housing Act, as amended, in which case only Paragraphs 1, 2, and 6, below, shall apply. HUD has issued a Firm Commitment to insure the Loan in said amount pursuant to said Section and Program Obligations issued pursuant thereto. The amount of the Loan is subject to reduction, as provided in said Act, and this Agreement and Certification is automatically amended accordingly. In consideration of the mutual promises and undertakings contained herein, and for the purpose of inducing the Lender to make and HUD to insure said Loan, the parties acknowledge and agree as follows:

Warning. Any person Anyone who knowingly presents submits a false, fictitious, false claim or fraudulent makes a false statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal and/or civil penalties, civil liabilityincluding confinement for up to 5 years, fines, and civil and administrative sanctionspenalties. (18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §3729, 3802). This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS OPERATING DEFICITS (Agreement) made this ______ day of ____________________, 20____, by and between _______________________________________________, (Lender), whose principal address is _______________________________________________, and ____________________________________________________, (Borrower), whose principal address is _______________________________________________, [and if applicable, _______________________________________________ (Depository Institution), whose principal address is _______________________________________________,] in connection with the U.S. Department of Housing and Urban Development (HUD) FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [constructed, rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by LenderXxxxxx. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred RepairsOperating Deficits, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, Instrument except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary HUD pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).

Warning. Any person Anyone who knowingly presents submits a false, fictitious, false claim or fraudulent makes a false statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal and/or civil penalties, civil liabilityincluding confinement for up to 5 years, fines, and civil and administrative sanctionspenalties. (18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §3729, 3802). This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS MINOR MOVABLE EQUIPMENT (Agreement) made this _____ day of ____________________, 20____, by and between _______________________________________________, (Lender), whose principal address is _______________________________________________, and ____________________________________________________, (Borrower), whose principal address is _______________________________________________, [and if applicable, _______________________________________________ (Depository Institution), whose principal address is _______________________________________________,] _ ], in connection with U.S. Department of Housing and Urban Development (HUD) FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [constructed, rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by Lender. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred RepairsMinor Movable Equipment, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary HUD pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).

Warning. Any person who knowingly presents a falseIn the event the Certificate set forth above is not completed, fictitious, or fraudulent statement or claim in a matter within the jurisdiction Company will deem the Beneficial Owner of the U.S. Department of Housing and Urban Development is subject Rights evidenced by this Right Certificate to criminal penalties, civil liabilitybe an Acquiring Person or an Affiliate or Associate thereof (as defined in the Rights Agreement), and administrative sanctionsthe Company will affix a legend to that effect on any Right Certificates issued in exchange for this Right Certificate. This ESCROW AGREEMENT FOR NON-CRITICAL(To be executed if holder desires to exercise the Right Certificate) To: OSI PHARMACEUTICALS, DEFERRED REPAIRS (Agreement) made this _____ day of INC. The undersigned hereby irrevocably elects to exercise ____________________, 20_ Rights represented by this Right Certificate to purchase ____, by _________ shares of Preferred Stock issuable upon the exercise of such Rights and between requests that certificates for such shares of Preferred Stock be issued in the name of: Please insert social security or other identifying number _______________________________________________, (Lender), whose principal address is _______________________________________________, and _ ____________________________________________________, __________________________ (Borrower), whose principal address is Please print name and address) ______________________________________________________________________________ If such number of Rights shall not be all the Rights evidenced by this Right Certificate, [a new Right Certificate for the balance remaining of such Rights shall be registered in the name of and if applicable, delivered to: Please insert social security or other identifying number _______________________________________ _____________________________________________________________________________ (Depository Institution), whose principal address is Please print name and address) _______________________________________________,] ______________________________ Dated: _________________, ____ ___________________________________ Signature Signature Guaranteed: ____________________________ Signatures must be guaranteed by an eligible guarantor institution (a bank, stockbroker, savings and loan association or credit union with membership in connection with FHA Project Noan approved signature guarantee medallion program) pursuant to Rule 17Ad-15 of the Securities Exchange Act of 1934. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [rehabilitated, purchased or refinanced] from __ The undersigned hereby certifies by checking the proceeds of a Loan insured by HUD and made by Lender. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred Repairs, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).appropriate boxes that:

Warning. Any person who knowingly presents a falseIn the event the Certificate set forth above is not completed, fictitious, or fraudulent statement or claim in a matter within the jurisdiction Company will deem the Beneficial Owner of the U.S. Department of Housing and Urban Development is subject Rights evidenced by this Right Certificate to criminal penalties, civil liabilitybe an Acquiring Person or an Affiliate or Associate thereof (as defined in the Rights Agreement), and administrative sanctionsthe Company will affix a legend to that effect on any Right Certificates issued in exchange for this Right Certificate. This ESCROW AGREEMENT FOR NON-CRITICAL(To be executed if holder desires to exercise the Right Certificate) To: OSI PHARMACEUTICALS, DEFERRED REPAIRS (Agreement) made this _____ day of INC. The undersigned hereby irrevocably elects to exercise ____________________, 20____, __ Rights represented by this Right Certificate to purchase the Units issuable upon the exercise of such Rights (or such other securities of the Company or of any other Person which may be issuable upon the exercise of such Rights) and between requests that certificates for the shares of Common Stock and the note constituting such Units be issued in the name of: Please insert social security or other identifying number _______________________________________________, (Lender), whose principal address is _______________________________________________, and _ ____________________________________________________, __________________________ (Borrower), whose principal address is Please print name and address) ______________________________________________________________________________ If such number of Rights shall not be all the Rights evidenced by this Right Certificate, [a new Right Certificate for the balance remaining of such Rights shall be registered in the name of and if applicable, delivered to: Please insert social security or other identifying number _______________________________________ ______________________________________________________________________________ (Depository Institution), whose principal address is Please print name and address) _______________________________________________,] in connection with FHA Project No. _______________________________ Dated: _________________, located in the City/County of ____ ____________________, State of _______________ Signature Signature Guaranteed: ____________________________ Signatures must be guaranteed by an eligible guarantor institution (a bank, which Project [has beenstockbroker, is being, savings and loan association or will be] [rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by Lender. (The definition of any capitalized term or word used herein can be found credit union with membership in this Escrow Agreement for Non-critical, Deferred Repairs, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1an approved signature guarantee medallion program) all applicable statutes and any regulations issued by the Secretary pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion Rule 17Ad-15 of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to Securities Exchange Act of 1934. The undersigned hereby certifies by checking the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).appropriate boxes that:

Warning. Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions. This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS Escrow Agreement for Deferred Limited Rehabilitation (“Agreement”) made this _____ day of ____________________, 20____, by and between _______________________________________________, _ (Lender), whose principal address is ____________________________________________________________________________, and ____________________________________________________, _ (Borrower), whose principal address is __________________________________________________________________________, [and if applicable, _______________________________________________ (Depository Institution), whose principal address is ___________________________________________________________,] in connection with FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by Lender. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred RepairsAgreement, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm xxxx://xxxxxx.xxx.xxx/hudportal/HUD?src=/program_offices/administration/hudclips, or a successor location location). RECITALS: HUD has issued a Firm Commitment to insure said Loan under Section 242 pursuant to Section 223(f) of the National Housing Act, as amended, and Program Obligations, on which mortgage insurance Borrower is relying for financing of the Project. The Firm Commitment is conditioned upon assurance that sitefunds in the amount of $_____________________ be available for the completion of limited rehabilitation deferred until after initial/final endorsement of the Note (Escrow)), including all amounts identified in this Agreement. The Deferred Limited Rehabilitation, cost estimate and equipment list itemized in Exhibit “A” (Deferred Limited Rehabilitation Work) are attached to and made part of this Agreement. As used herein, Completion Date means the date that is ( ) months following initial/final endorsement of the Note by HUD for mortgage insurance. Extensions of the Completion Date may be allowed in rare instances where work cannot be completed due to unforeseen circumstances. Extensions may not exceed 90 days and require written request and justification from the Borrower and Lender, and approval from the Lender, HUD, and (if applicable) the Depository Institution.

Warning. Any Anyone who knowingly submits a false claim or makes a false statement is subject to criminal and/or civil penalties, including confinement for up to 5 years, fines, and civil and administrative penalties. (18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §3729, 3802).Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions. This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS (Agreement) made this _____ day of ____________________, 20____, by and between _______________________________________________, (Lender), whose principal address is _______________________________________________, and ____________________________________________________, (Borrower), whose principal address is _______________________________________________, [and if applicable, _______________________________________________ (Depository Institution), whose principal address is _______________________________________________,] in connection with FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by Lender. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred Repairs, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).

Warning. Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions. This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS AND CERTIFICATION (Agreement) made this Agreement),is effective as of the ______ day of ____________________, 20____, by and between among _______________________________________________, _ (LenderBorrower), whose principal address is _______________________________________________, and ____________________________________________________, (BorrowerLender), whose principal address is _______________________________________________, [and (if applicable), _______________________________________________ (Depository InstitutionGeneral Contractor), whose principal address is _______________________________________________,] , in connection with FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by Lender. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred Repairsand Certification, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary HUD pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).. Borrower has applied to Lender for a Loan for one of the following purposes [check applicable box] in connection with the Project: Constructing or substantially rehabilitating a Project, the work to be performed by General Contractor, and Xxxxxx has applied to HUD for insurance of the Loan in the amount of $____________________, under Section ________ of the National Housing Act, as amended, in which case all paragraphs below shall apply; or Financing or refinancing, after the completion of repairs (or satisfactory arrangements for completion of repairs), of a Project, and Lender has applied to HUD for insurance of the Loan in the amount of $____________________, under Section _______ ________________ of the National Housing Act, as amended, in which case only Paragraphs 1, 2, and 6, below, shall apply. HUD has issued a Firm Commitment to insure the Loan in said amount pursuant to said Section and Program Obligations issued pursuant thereto. The amount of the Loan is subject to reduction, as provided in said Act, and this Agreement and Certification is automatically amended accordingly. In consideration of the mutual promises and undertakings contained herein, and for the purpose of inducing the Lender to make and HUD to insure said Loan, the parties acknowledge and agree as follows:

Warning. Any person Anyone who knowingly presents submits a false, fictitious, false claim or fraudulent makes a false statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal and/or civil penalties, civil liabilityincluding confinement for up to 5 years, fines, and civil and administrative sanctionspenalties. (18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §3729, 3802). This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS DEBT SERVICE RESERVE (Agreement) made this ______ day of ____________________, 20____, by and between _______________________________________________, (Lender), whose principal address is _______________________________________________, and ____________________________________________________, (Borrower), whose principal address is _______________________________________________, [and if applicable, _______________________________________________ (Depository Institution), whose principal address is _______________________________________________,] in connection with the U.S. Department of Housing and Urban Development (HUD) FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [rehabilitated, purchased or refinanced] being refinanced from the proceeds of a Loan insured by HUD and made by LenderXxxxxx. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred Repairs, Debt Service Reserve the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, Instrument except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary HUD pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).

Warning. Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions. This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS T his Escrow Agreement for Deferred Project Expenses (“Agreement”) made this ______________ day of ____________________, 20____, by and between _______________________________________________, _ (Lender), whose principal address is _______________________________________________________, and ____________________________________________________, _ (Borrower), whose principal address is __________________________________________________________________________, [and if applicable, _______________________________________________ (Depository Institution), whose principal address is _________________________________________________________,] in connection with FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by Lender. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred RepairsProject expenses, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm xxxx://xxxxxx.xxx.xxx/hudportal/HUD?src=/program_offices/administration/hudclips, or a successor location to that site)).

Warning. Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions. This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS Escrow Agreement for Deferred Project Expenses (“Agreement”) made this ______________ day of ____________________, 20____, by and between _______________________________________________, _ (Lender), whose principal address is _______________________________________________________, and ____________________________________________________, _ (Borrower), whose principal address is __________________________________________________________________________, [and if applicable, _______________________________________________ (Depository Institution), whose principal address is _________________________________________________________,] in connection with FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by LenderXxxxxx. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred RepairsProject expenses, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm xxxx://xxxxxx.xxx.xxx/hudportal/HUD?src=/program_offices/administration/hudclips, or a successor location to that site)).

Warning. Any person who knowingly presents a false, fictitious, or fraudulent statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal penalties, civil liability, and administrative sanctions. This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS AND CERTIFICATION (Agreement) made this Agreement),is effective as of the ______ day of ____________________, 20____, by and between _______________________________________________, _ (LenderBorrower), whose principal address is _______________________________________________, and ____________________________________________________, (BorrowerLender), whose principal address is _______________________________________________, [and (if applicable), _______________________________________________ (Depository InstitutionGeneral Contractor or Construction Manager), whose principal address is _______________________________________________,] , in connection with FHA Project No. ____________________, located in the City/County of ______________________, State of ____________________, which Project [has been, is being, or will be] [rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by Lender. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred Repairsand Certification, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary HUD pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm xxxx://xxxxxx.xxx.xxx/hudportal/HUD?src=/program_offices/administration/hudclips, or a successor location to that site. Borrower has applied to Lender for a Loan for one of the following purposes [check applicable box] in connection with the Project: Constructing or substantially rehabilitating a Project, the work to be performed by General Contractor or Construction Manager, and Xxxxxx has applied to HUD for insurance of the Loan in the amount of $____________________, under Section ________ of the National Housing Act, as amended, in which case all paragraphs below shall apply; or Financing or refinancing, after the completion of Limited Rehabilitation as part of a Section 223(f) or Repairs done as part of a Section 223(a)(7) (or satisfactory arrangements for completion of post-endorsement Limited Rehabilitation or Repairs), of a Project, and Lender has applied to HUD for insurance of the Loan in the amount of $____________________, under Section _______ of the National Housing Act, as amended, in which case only Paragraphs 1, 2, and 6, below, shall apply. HUD has issued a Firm Commitment to insure the Loan in said amount pursuant to said Section and Program Obligations issued pursuant thereto. The amount of the Loan is subject to reduction, as provided in said Act, and this Agreement and Certification is automatically amended accordingly. In consideration of the mutual promises and undertakings contained herein, and for the purpose of inducing the Lender to make and HUD to insure said Loan, the parties acknowledge and agree as follows: Prior to receipt of the final advance under the Loan, and within the time fixed by the Loan Documents, Xxxxxxxx agrees, if required by Program Obligations for cost certification and the National Housing Act, as amended, to submit to HUD, (a) a fully completed and executed Xxxxxxxxx's Certificate of Actual Cost, HUD-92330-OHF, and (b) a fully completed and executed Contractor's Certificate of Actual Cost (or Subcontractor’s Certificate of Actual Cost) on HUD-92330A-OHF or forms prescribed by HUD; or in the case of a loan insured pursuant to Section 223(a)(7) or 223(f) of the National Housing Act, as amended, a fully completed and executed Xxxxxxxx’s Certificate of Actual Cost, HUD-92205-OHF. Borrower and General Contractor or Construction Manager understand, agree and shall ensure that, unless otherwise approved by HUD each of the certificates of cost is supported by the certificate of an independent Certified Public Accountant or independent public accountant in form acceptable to HUD, if required by Program Obligations for cost certification. Xxxxxxxx and Xxxxxx agree that the total advances under the Loan cannot exceed the amount permitted by Program Obligations. In the case of loans insured pursuant to Sections 223(a)(7) or 223(f) of the National Housing Act, as amended, Borrower and Lender understand and agree that the Firm Commitment and Loan may be reduced to comply with said Sections and Program Obligations, and Borrower and Xxxxxx further agree to execute such instruments as may be required to accomplish such reduction. Xxxxxxxx agrees that if it receives Loan funds in excess of that permitted under the National Housing Act, as amended, and Program Obligations, it shall pay upon demand to Lender any such excess for application to the reduction of the then-outstanding principal balance of the Loan. Xxxxxx agrees that upon its receipt of such excess the Contract of Insurance shall be reduced accordingly, and Xxxxxxxx and Xxxxxx agree to execute such instruments as may be required to accomplish such reduction. Borrower further agrees that if HUD, for cost certification purposes, accepts estimates for any items, Borrower shall, at final endorsement, establish a cash escrow to pay all the "to be paid in cash items" identified in its Certificate of Actual Cost, and to pay debts to third parties who made the original disbursement for an item listed as paid on the Certificate of Actual Cost, unless documentation, satisfactory to HUD, is submitted evidencing that Borrower paid these amounts after the date of its Certificate of Actual Cost. Borrower understands that the items covered by this cash escrow must be paid within 45 days after the date of final endorsement, except for those items in dispute, involved in litigation or those items that are non-critical repairs to be completed after endorsement and covered by an appropriate escrow agreement. If Xxxxxxxx's actual cost is less than the estimates accepted for cost certification purposes, as determined by HUD, the cost savings identified shall be used to reduce the principal amount of the mortgage and the Borrower’s cash equity contribution proportionally, unless the Borrower elects to have a greater portion of the savings used to reduce the mortgage; and/or to fund any additional construction or substantial rehabilitation approved by HUD. Borrower certifies that any financial or business interests or family relationships which exist between Xxxxxxxx, or any of its officers, directors, stockholders, partners, managers, managing members, or members (Principals) and the Architect, General Contractor or Construction Manager, subcontractors, suppliers, equipment lessors, or any of the Principals of any of the foregoing entities (Identity of Interest) for the Project are herewith listed by name, title, address, relationship and interest: (Attach exhibit if necessary. If None, so state). Xxxxxxxx agrees to notify HUD in writing within 10 days of any change in relationships covered by paragraph 4 herein which results in the creation or elimination of an Identity of Interest at any time prior to final endorsement of the Note. In the event that there currently exists, or there comes into being prior to final endorsement of the Note, an Identity of Interest between Borrower or its Principals, and General Contractor or its Principals, Borrower's Certificate of Actual Cost will be accompanied by the Contractor's Certificate of Actual Cost, in the form prescribed by HUD; and, if required by HUD, similar certificates by any subcontractor, supplier, or equipment lessor covered by this paragraph 5. It is agreed that the absence of such notice to HUD of the creation or elimination of an Identity of Interest may be treated by HUD as a representation that no Identity of Interest has been created or eliminated. Xxxxxxxx agrees to maintain and keep adequate records of all costs incurred in connection with the Project, and to make such records available for examination by HUD upon request. If this Agreement and Certification discloses an Identity of Interest between Borrower and General Contractor or Construction Manager, Borrower shall include in the Construction Contract a provision requiring General Contractor or Construction Manager, upon completion of the Project, to submit to Borrower for delivery to HUD the Contractor’s Certificate of Actual Cost, in the form prescribed by HUD. Xxxxxxxx further agrees to include in said Construction Contract the requirement that General Contractor shall maintain adequate records of all such costs, and make such records, documents, contracts and accounts available for review upon request by HUD. Borrower agrees that it shall include in the Construction Contract, and require the inclusion in all subcontracts made in association with the Construction Contract, whether for labor, material, or equipment leases, a provision that if there is, or comes into being, an Identity of Interest between Borrower and any subcontractor; or, in those cases in which General Contractor or Construction Manager is required to certify actual costs, between General Contractor or Construction Manager and any subcontractor of the General Contractor or Construction Manager, then, if HUD so requires, such subcontractor shall submit to HUD a Certificate of Actual Cost in the form and with the audit standards prescribed by HUD, including the deduction of all kickbacks, rebates, adjustments, discounts, or any other arrangements in the nature thereof. For purposes of determining actual cost, no profit or general overhead may be included in the subcontract unless HUD has granted advance written approval of a specific dollar amount or a specific percentage. Xxxxxxxx agrees that if there currently exists, or if there comes into being prior to final endorsement of the Note, any Identity of Interest between Borrower and the Architect, or between the General Contractor or Construction Manager and the Architect, the Architect shall immediately be relieved of inspection duties and the maximum Architect's fees allowable for cost certification purposes will be $______________ for design services only, and no fees will be allowed for supervision. The Borrower agrees to submit with this form signed duplicate copies of any collateral agreement(s) and/or side deal agreement(s) executed by the Borrower or any Principals of the Borrower evidencing any secured or unsecured borrow­ing made in association with the construction of the Project. The Borrower further agrees to obtain the approval of HUD before entering into any such agreement after executing this form. Each signatory below hereby certifies under penalty of perjury that the statements and representations of fact made by such signatory contained in this Agreement and all supporting documentation thereto are true, accurate, and complete. This Agreement has been made, presented, and delivered for the purpose of influencing an official action of HUD in insuring the Loan, and may be relied upon by HUD as a true statement of the facts contained therein.

Warning. Any person Anyone who knowingly presents submits a false, fictitious, false claim or fraudulent makes a false statement or claim in a matter within the jurisdiction of the U.S. Department of Housing and Urban Development is subject to criminal and/or civil penalties, civil liabilityincluding confinement for up to 5 years, fines, and civil and administrative sanctionspenalties. (18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §3729, 3802). This ESCROW AGREEMENT FOR NON-CRITICAL, DEFERRED REPAIRS (Agreement) made this _____ day of ____________________, 20____, by and between _______________________________________________, (Lender), whose principal address is _______________________________________________, and ____________________________________________________, (Borrower), whose principal address is _______________________________________________, [and if applicable, _______________________________________________ (Depository Institution), whose principal address is _______________________________________________,] in connection with FHA Project No. ____________________, located in the City/County of ____________________, State of ____________________, which Project [has been, is being, or will be] [rehabilitated, purchased or refinanced] from the proceeds of a Loan insured by HUD and made by Lender. (The definition of any capitalized term or word used herein can be found in this Escrow Agreement for Non-critical, Deferred Repairs, the Regulatory Agreement between Borrower and HUD, the Note, and/or the Security Instrument, except that the term Program Obligations means (1) all applicable statutes and any regulations issued by the Secretary pursuant thereto that apply to the Project, including all amendments to such statutes and regulations, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and (2) all current requirements in HUD handbooks and guides, notices, and mortgagee letters that apply to the Project, and all future updates, changes and amendments thereto, as they become effective, except that changes subject to notice and comment rulemaking shall become effective only upon completion of the rulemaking process, and provided that such future updates, changes and amendments shall be applicable to the Project only to the extent that they interpret, clarify and implement terms in this Agreement rather than add or delete provisions from such document. Handbooks, guides, notices, and mortgagee letters are available on HUD's official website: (xxxx://xxx.xxx.xxx/offices/adm/hudclips/index.cfm or a successor location to that site)).