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5. Residual Receipts. Any whole or partial repayment of the principal and any other payments as set forth in the Agency Documents shall be made only from Residual Receipts (as defined in the HUD Documents), and then only after obtaining the prior written approval ofHUD, or from the Borrower's own funds. 6. Indemnification. Enforcement by the Agency of any indemnification provisions in the Agency Documents will not and shall not result in any monetary claim against the Development, the HUD Capital Advance proceeds, any reserve or deposit required by HUD in connection with the HUD Capital Advance, or the rents or other income from the Development other than residual receipts authorized for release by HUD, without the prior written consent of HUD, but Agency shall have the right to add any amounts due the Agency pursuant to indemnification provisions in the Agency Documents to the principal amount of the Loan and the Note and interest shall accrue thereon commencing on the date indemnification payments are due. 7. Transfer. Approval by HUD of a Transfer of Physical Assets (as defined in Handbook 4350.1 Rev-I) ("TP A") shall constitute approval of the transfer by the Agency and the Borrower shall deliver to the Agency, at the same time as its delivery to HUD, any application for HUD's approval of a proposed transfer. Also, the Borrower shall require the transferee to expressly assume the Borrower's obligations under the Agency Documents; provided, however, HUD shall not be required to enforce the requirements of this sentence and if Borrower and any transferee fail to include such assumption in transfer documents, such failure shall not affect the validity of the transfer. The Agency shall have the right to specifically enforce the requirement that any transferee assume the Borrower's obligations under the Agency Documents. In the absence of such written assumption, no transfer shall be deemed to relieve the transferor from any obligations under the Agency Documents. 8. Default under Agency Documents. The Agency shall not declare a default under the Agency Documents unless it has received the prior written approval of HUD, and the Agency's right to accelerate the Agency Note during the ternl of the HUD Documents shall be enforceable only with the prior written approval of HUD. 9. Receiver. The Agency, for itself, its successors and assigns further covenants and agrees that in the event of the appointment of a receiver in any action by the Agency, its successors or assigns, to foreclose the Agency Deed of Trust, no rents, revenue or other income of the Development collected by the receiver or by the mortgagee-in-possession shall be utilized for the payment of interest, principal, or any other charges due and payable under the Agency Deed of Trust, except from Residual Receipts, if any, as the ternl is defined in the HUD Regulatory Agreement. The appointment of a receiver shall require approval by the Secretary of HUD, and pursuant to HUD regulations, as long as the Agency is the beneficiary under the Agency Deed of Trust, the Agency cannot be mortgagee-in-possession. In the event ofthe appointment, by any court, of any 3 HUD202Rider _Fonnblank _Agency