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4. Maturity Date. The Amended and Restated City Note and Amended and Restated Agency Note may not mature, and may not bear a maturity date, prior to the date on which the HUD Note matures. The term of the City and Agency Loan Documents shall be extended if the Amended and Restated City Note and/or Amended and Restated Agency Note matures, there are no residual receipts or non-Project funds available for repayment and the HUD Mortgage has not been retired in full or if HUD grants a deferment of amortization or forbearance that results in an extended maturity of the HUD Loan Documents. 5. Residual Receipts. As long as the HUD Loan Documents remain in effect, any payments due from Project income from the Section 202 units under the City and Agency Loan Documents, or any prepayments made with Project income from the Section 202 units, shall be payable only from residual receipts of the Project, as that term is defined in the HUD Regulatory Agreement, and subject to the availability of residual receipts in accordance with the provision of said HUD Regulatory Agreement. No payments or prepayments using residual receipts can be made without HUD approval. Borrower may make payments or prepayments at any time without HUD approval using funds that do not come from Project income from the Section 202 units. The restrictions on payment imposed by this paragraph shall not excuse any default caused by the failure of the maker to pay the indebtedness evidenced by the Amended and Restated City Note or the Amended and Restated Agency Note. 6. Indemnification. Enforcement by the City and/or Agency of any indemnification provisions in the City and Agency Loan Documents will not and shall not result in any monetary claim against the Project, 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 Section 202 units in the Project other than residual receipts authorized for release by HUD, without the prior written consent of HUD, but the City and/or the Agency shall have the right to add any amounts due the City and/or Agency pursuant to indemnification provisions in the City and Agency Loan Documents to the principal amount of the Amended and Restated City Note and/or the Amended and Restated Agency Note, as applicable, and interest shall accrue thereon commencing on the date indemnification payments are due. In addition, any indemnification provisions shall not be enforceable against the HUD Secretary, his or her successors and assigns, should the HUD Secretary acquire title to the Project by power of sale, foreclosure, or by deed-in-lieu of foreclosure. 7. Transfer. Approval by HUD of a Transfer of Physical Assets (as defined in Handbook 4350.1, REV-1, Chapter 13) ("TPA") shall constitute approval of the transfer by the City and Agency, and the Borrower shall deliver to the City and 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 City and Agency Loan Documents; provided, however, HUD shall not be required to enforce the