06-08-2022 Council Packet - Laserfiche WebLink

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73495160v3 3 “Architect” means Kaas Wilson Architects, LLC. “Architect’s Agreement” means the contract dated [__________] between the Borrower and the Architect, providing for the design of the Improvements and the supervision of the construction thereof, including ongoing monthly inspection of the Improvements, certification of Requisitions and certification of Final Completion, among other things, as the same may be amended, modified or supplemented from time to time. “Assignment of Capital Contributions” means the Assignment of Capital Contributions, dated the date hereof, by the Borrower for the benefit of the Funding Lender. “Assignment of Management Agreement and Consent” means the Assignment of Management Agreement, dated as of the date hereof, by the Borrower to and for the benefit of the Funding Lender, consented to by the Managing Agent. “Assignment of Project Documents” means the Assignment of Project Documents, dated as of the date hereof, made by the Borrower in favor of the Funding Lender. “Authorized Person” means one or more individuals duly authorized to bind the Borrower in connection with the administration of the Project Facilities. The initial Authorized Person of the Borrower is Nicholas Walton. “Authorized Amount” shall mean the amount specified on the Schedule of Financial Terms as the maximum principal amount of the Funding Loan under this Funding Loan Agreement. “Bankruptcy Code” means Title 11 of the United States Code, as amended, and any successor statute or statutes having substantially the same function. “Borrower” shall have the meaning given to such term in the recitals to this Funding Loan Agreement. “Borrower Loan” shall have the meaning given to such term in the recitals to this Funding Loan Agreement. “Borrower Loan Agreement” shall have the meaning given to such term in the recitals to this Funding Loan Agreement. “Borrower Loan Documents” means, collectively, the Mortgage, the Borrower Note, the Borrower Loan Agreement, the Land Use Restriction Agreement, the Governmental Lender Assignment, the Subordination Agreements, and any and all other instruments and other documents evidencing, securing, or otherwise relating to the Borrower Loan or any portion thereof. “Borrower Note” shall have the meaning given to such term in the recitals to this Funding Loan Agreement. “Bridge Note” shall have the meaning given to such term in the recitals to this Funding Loan Agreement. “Bridge Note Payment Account” shall mean the Bridge Note Payment Account created pursuant to Section 4.2 herein.