04-26-2023 Council Packet - Laserfiche WebLink

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77060900v2 3 (e) The Borrower shall have, and is hereby granted, the option to prep ay the unpaid principal amount of the Borrower Loan, together with interest thereon to the date of prepayment, but only to the extent set forth in the Borrower Note. (f) The Controlling Person shall deliver to the Fiscal Agent and the Borrower a schedule of debt service payments on or before the Stabilization Date, providing for level debt service with respect to the Borrower Note remaining Outstanding after the Stabilization Date calculated on the basis of the Fixed Rate (as defined in the Borrower Note) and a 480-month amortization schedule each commencing on the Stabilization Date with principal payments commencing on the First Principal Payment Date (with all remaining principal payable on the Maturity Date, if applicable). Section 2.2 Fees. (a) On the date of execution and delivery of this Agreement, the Borrower shall pay, or cause to be paid, to R4 Capital Funding LLC the Origination Fee and to R4 Servicer LLC a Construction Monitoring Fee, together with the fees and expenses of its counsel. (b) The Borrower shall pay (as directed by the Controlling Person) two Business Days before each Loan Payment Date, commencing on the First Loan Payment Date (as defined in the Borrower Note) and continuing through final completion of the Work in respect of the Project Facilities, an amount equal to the costs of the Engineering Consultant incurred by the Controlling Person in the prior month in an amount not to exceed [$1,500] per month (plus travel and reasonable and necessary expenses). If the Borrower fails to requisition such costs, the Controlling Person may request the Funding Lender to disburse such amounts as part of any Advance. (c) The Borrower shall pay the Governmental Lender Fees and all expenses of the Governmental Lender solely related to the Funding Loan. (d) The Borrower shall pay the Fiscal Agent Fees and all expenses of the Fiscal Agent solely related to the Funding Loan. (e) The Borrower shall pay any and all special servicing fees or costs in accordance with Section 6.34 hereof. Section 2.3 Termination and Prepayment. (a) Notwithstanding anything to the contrary contained in this Agreement or the other Funding Loan Documents, the Controlling Person’s and the Funding Lender’s and each Noteowner’s rights, interests and remedies hereunder and under the other Funding Loan Documents shall not terminate or expire or be deemed to have been discharged or released until the payment in full of the Borrower Note and the Governmental Note. No such termination, expiration or release shall affect the survival of the indemnification provisions of this Agreement, which provisions shall survive any such termination, expiration or release. (b) The Borrower Loan may be prepaid by the Borrower, and the Governmental Note shall be correspondingly paid pursuant to Section 3.2 of the Funding Loan Agreement, on any Loan Payment Date on or after the First Optional Call Date, upon the payment of the principal amount of the Borrower Note plus interest accrued thereon and acceleration premium, if any, to, but not including, the date of prepayment, as provided in the Borrower Note.