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06-08-2022 Council Packet
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06-08-2022 Council Packet
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7/27/2022 6:17:58 PM
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73495160v3 <br /> <br /> <br />44 <br /> <br />(2) The Governmental Lender’s Fee and Fiscal Agent’s Fee, as <br />applicable; <br />(3) Amounts due and payable under the Bridge Note; <br />(4) Any monthly Replacement Reserve Account deposit; <br />(5) Any Monthly Tax and Insurance Amounts; <br />(6) Any other escrow or reserve deposits required by the Funding <br />Loan Documents; <br />(7) Any assumption or transfer fee required by this Funding Loan <br />Agreement or Funding Loan Documents; and <br />(8) Any acceleration premium. <br />(c) All payments received under this Funding Loan Agreement or Funding Loan <br />Documents shall be applied in the following order unless otherwise instructed by the Funding Lender or <br />expressly set forth in this Funding Loan Agreement or the Funding Loan Documents: <br />(i) To the principal and interest due and payable on the Borrower Note; <br />(ii) To the Governmental Lender’s Fee and the Fiscal Agent’s Fee, as <br />applicable; <br />(iii) To the acceleration premium, if applicable; <br />(iv) To amounts due and payment under the Bridge Note; <br />(v) To required deposits to the Replacement Reserve Account; <br />(vi) To required deposits in the Tax and Insurance Escrow Account; <br />(vii) To other escrow or reserve deposits required by this Funding Loan <br />Agreement or the other Funding Loan Documents; <br />(viii) To Default Interest and any late fees; and <br />(ix) To other amounts due under the Funding Loan Documents. <br />(d) Any payment received by the Controlling Person from or on behalf of the Borrower <br />under this Funding Loan Agreement or the Funding Loan Documents shall be remitted by the Controlling <br />Person to the Funding Lender no later than the second (2nd) Business Day after receipt by the Controlling <br />Person, or sooner if so required under this Funding Loan Agreement or Funding Loan Documents. The <br />Controlling Person shall make any remittance to the Funding Lender by wire transfer in accordance with <br />the instructions received from the Funding Lender or to any other party entitled to such remittances pursuant <br />this Funding Loan Agreement or the Funding Loan Documents in accordance with the instructions received <br />from the Funding Lender.
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