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135242345v3 <br /> <br /> <br />9 <br />Documents (during the Construction Phase) and all other documents or instruments evidencing, <br />securing or relating to the Loans. <br />“Fiscal Agent” means the entity identified as “Fiscal Agent” in the introductory paragraph <br />of this Funding Loan Agreement, together with any successor Fiscal Agent(s) appointed <br />hereunder. <br />“Fiscal Agent’s Extraordinary Fees and Expenses” means all those fees, expenses and <br />reimbursements earned or incurred by Fiscal Agent as described in Section 7.05 hereof for <br />Extraordinary Services, as set forth in a detailed invoice to Borrower, Loan Servicer and Funding <br />Lender Representative. <br />“Fiscal Agent’s Ordinary Fees and Expenses” means the annual administration fee for <br />Fiscal Agent’s ordinary fees and expenses in rendering its services under this Funding Loan <br />Agreement during each twelve month period, which fee is equal to (and shall not exceed) <br />$[________] and shall be payable semi-annually in advance on the Delivery Date and each June 1 <br />and December 1 commencing June 1, 2025 thereafter. <br />“Forward Commitment Maturity Date” means [DATE], subject to extension by Freddie <br />Mac as provided in the Construction Phase Financing Agreement. <br />“Freddie Mac” means the Federal Home Loan Mortgage Corporation, a shareholder <br />owned government sponsored enterprise organized and existing under the laws of the United States <br />of America, and its successors and assigns. <br />“Freddie Mac Commitment” is defined in the Recitals of this Funding Loan Agreement. <br />“Freddie Mac Continuing Covenant Agreement” is defined in the Recitals of this <br />Funding Loan Agreement. <br />“Freddie Mac Purchase Date” is defined in the Recitals of this Funding Loan Agreement. <br />“Funding Lender” means any Person who is the holder of the Governmental Note. <br />“Funding Lender Representative” means Funding Lender or any Person designated by <br />Funding Lender to act on behalf of Funding Lender as provided in Section 10.05, or an assignee <br />of such Person as provided in Section 10.05. The initial Funding Lender Representative shall be <br />Initial Funding Lender. Seller/Servicer shall become Funding Lender Representative upon the <br />occurrence of the Conversion Date, and Freddie Mac shall become Funding Lender Representative <br />upon the occurrence of the Freddie Mac Purchase Date. <br />“Funding Loan” is defined in the Recitals of this Funding Loan Agreement. <br />“Funding Loan Agreement” means this Funding Loan Agreement, as it may be amended, <br />restated, supplemented or otherwise modified from time to time. <br />“Funding Loan Amortization Schedule” means the Funding Loan Amortization <br />Schedule attached as Schedule 1 to the Governmental Note.