Forms Revision Chart for HUD-94000-OHF

HUD-94000-OHF

Security Instrument/Mortgage/Deed of Trust

LOCATION	CURRENT TEXT	REVISED TEXT
p. 3, Section 1 – Accounts Receivable	“Accounts Receivable” means all right, title and interest of Borrower in and to the following, in each case arising from the operation of the Hospital located on the Mortgaged Property in the ordinary course of business: (a) all rights to payment of a monetary obligation, whether or not earned by performance, including, but not limited to, Accounts Receivable, health-care insurance receivables, Medicaid and Medicare receivables, Veterans Administration receivables, or other governmental receivables, private patient receivables, and HMO receivables, (b) payment intangibles, (c) guaranties, letter-of-credit rights and other supporting obligations relating to the property described in clauses (a) and (b); and (d) all of the proceeds of the property described in clauses (a), (b) and (c). Notwithstanding the foregoing, “Accounts Receivable” shall not include accounts arising from the sale of Borrower’s equipment, inventory or other goods, other than accounts arising from the sale of Borrower’s inventory in the ordinary course of Borrower’s business.	“Accounts Receivable” means all right, title and interest of Borrower in and to the following, in each case arising from the Borrower in the ordinary course of business: (a) Patient Account Receivables, (b) payment intangibles, (c) guaranties, letter-of-credit rights and other supporting obligations relating to the property described in clauses (a) and (b); and (d) all of the proceeds of the property described in clauses (a), (b) and (c). Notwithstanding the foregoing, “Accounts Receivable” shall not include accounts arising from the sale of Borrower’s equipment, inventory or other goods, other than accounts arising from the sale of Borrower’s inventory in the ordinary course of Borrower’s business.
p. 4, Section 1 – Affiliate	“Affiliate” is defined in 24 CFR 242.1, or any successor regulation.	“Affiliate” is defined in 24 CFR 242.1, or any successor regulation. The Affiliates include, but are not limited to, to those Affiliates listed in Exhibit B of the Regulatory Agreement.
p. 8, Section 1 – Mortgaged Property #21	N/A	Any income or sales proceeds distributed from a joint venture to the Borrower.
p. 8, Section 1 – Patient Accounts Receivable	N/A	“Patient Accounts Receivable” means all right, title, and interest of Borrower in and to the following, in each case arising from the Borrower in the ordinary course of business: all rights to payments of a monetary obligation, whether or not earned by performance, including, but not limited to, accounts receivable, health-care insurance receivables, Medicaid and Medicare receivables, Veterans Administration receivables, or other governmental receivables, private patient receivables, and HMO receivables.
p. 8, Section 1 – Personalty	“Personalty” means all equipment, inventory, and general intangibles associated with the Hospital and/or the Project. It includes furniture, furnishings, beds, machinery (including motor vehicles), building materials, appliances, goods, supplies, tools, books, records (whether in written or electronic form), computer equipment (hardware and software) and other tangible or electronically stored personal property (other than Fixtures) that are owned, leased or used now or in the future in connection with the ownership, management or operation of the Hospital and/or any other portion of the Project, or are located on the Land or in the Improvements, and any operating agreements relating to the Project, and any surveys, plans and specifications and contracts for architectural, engineering and construction services relating to the Project, and all other intangible property and rights relating to the operation of, or used in connection with, the Project, including all certifications, approvals and governmental permits relating to any activities on the Land. Personalty includes all tangible and intangible personal property used in connection with the Hospital (such as major movable equipment and systems), accounts, licenses, permits, bed authorities, certificates of need required to operate the Hospital and to receive benefits and reimbursements under provider agreements with Medicaid, Medicare, State and local programs, payments from healthcare insurers and any other assistance providers; all certifications, permits and approvals, instruments, Revenue, lease and contract rights, and equipment leases relating to the use, operation, maintenance, repair and improvement of the Hospital. Generally, intangibles shall also include all cash and cash escrow funds, such as but not limited to: debt service reserve accounts, bank accounts, equipment reserve replacement fund accounts and investments.	“Personalty” means all equipment, inventory, and general intangibles associated with the Hospital and/or the Project. It includes furniture, furnishings, beds, machinery (including motor vehicles), building materials, appliances, goods, supplies, tools, books, records (whether in written or electronic form), computer equipment (hardware and software) and other tangible or electronically stored personal property (other than Fixtures) that are owned, leased or used now or in the future in connection with the ownership, management or operation of the Hospital and/or any other portion of the Project, or are located on the Land or in the Improvements, and any operating agreements relating to the Project, and any surveys, plans and specifications and contracts for architectural, engineering and construction services relating to the Project, and all other intangible property and rights relating to the operation of, or used in connection with, the Project, including all certifications, approvals and governmental permits relating to any activities on the Land. Personalty includes all tangible and intangible personal property used in connection with the Hospital (such as major movable equipment and systems), accounts, licenses, permits, bed authorities, certificates of need required to operate the Hospital and to receive benefits and reimbursements under provider agreements with Medicaid, Medicare, State and local programs, payments from healthcare insurers and any other assistance providers; all certifications, permits and approvals, instruments, Revenue, lease and contract rights, and equipment leases relating to the use, operation, maintenance, repair and improvement of the Hospital. Personalty includes any income or sales proceeds distributed from a joint venture to the Borrower. Generally, intangibles shall also include all cash and cash escrow funds, such as but not limited to: debt service reserve accounts, bank accounts, equipment reserve replacement fund accounts and investments.
p. 8, Section 1 – Property Jurisdiction	“Property Jurisdiction” means any applicable jurisdiction in which the Land is located.	“Property Jurisdiction” means any jurisdiction in which the Land is located.