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<br />25 <br />199386222v3 <br />(b) The originally executed Borrower Loan Agreement and Regulatory Agreement; <br />(c) The originally executed Mortgage and all other Funding Loan Documents existing at the <br />time of delivery of the Borrower Note and the Governmental Lender Assignment, in recordable form; <br />(d) Uniform Commercial Code financing statements or other chattel security documents giving <br />notice of the Fiscal Agent’s status as an assignee of the Governmental Lender’s security interest in any <br />personal property forming part of the Project Facilities, in a form suitable for filing; and <br />(e) Uniform Commercial Code financing statements giving notice of the pledge by the <br />Governmental Lender of the Security pledged under this Funding Loan Agreement. <br />The Governmental Lender shall, at the expense of the Borrower, deliver and deposit with the Fiscal <br />Agent and/or the Funding Lender such additional documents, financing statements, and instruments as the <br />Funding Lender may reasonably require from time to time to ensure the perfection of the Fiscal Agent <br />and/or the Funding Lender of its lien and security interest in and to the Security. <br />Section 2.3 Source of Payment of Funding Loan and Other Obligations. The Funding <br />Loan is a limited obligation of the Governmental Lender, payable solely from the Pledged Revenues and <br />other funds and moneys and Security pledged and assigned hereunder. None of the Governmental Lender, <br />the State, or any political subdivision thereof (except the Governmental Lender, to the limited extent set <br />forth herein) nor any public agency shall in any event be liable for the payment of the principal of, premium <br />(if any) or interest on the Funding Loan or for the performance of any pledge, obligation or agreement of <br />any kind whatsoever with respect thereto except as set forth herein, and none of the Funding Loan or the <br />Governmental Note or any of the Governmental Lender’s agreements or obligations with respect to the <br />Funding Loan, the Governmental Note, or hereunder, shall be construed to constitute an indebtedness of or <br />a pledge of the faith and credit of or a loan of the credit of or a moral obligation of any of the foregoing <br />within the meaning of any constitutional or statutory provision whatsoever <br />Section 2.4 Form of Governmental Note. As evidence of its obligation to repay the Funding <br />Loan, simultaneously with the delivery of this Funding Loan Agreement to the Funding Lender, the <br />Governmental Lender hereby agrees to execute and deliver the Governmental Note. The Governmental <br />Note shall be substantially in the form set forth in EXHIBIT A attached hereto, with such appropriate <br />insertions, omissions, substitutions and other variations as are required or permitted by this Funding Loan <br />Agreement. <br />Section 2.5 Delivery of Governmental Note, Conditions to Closing. <br />(a) The Governmental Note shall be executed on behalf of the Governmental Lender <br />by the manual or facsimile signatures of the Mayor and the City Administrator. The manual or facsimile <br />signatures of individuals who were the proper officers of the Governmental Lender at the time of execution <br />shall bind the Governmental Lender, notwithstanding that such individuals or any of them shall have ceased <br />to hold such offices prior to the execution and delivery of the Governmental Note or shall not have held <br />such offices at the date of the Governmental Note. Following execution by the Governmental Lender, the <br />Governmental Note shall not be valid or obligatory for any purpose or be entitled to any security or benefit <br />under this Funding Loan Agreement unless and until a certificate of authentication on such Governmental <br />Note substantially in the form contained on Exhibit A attached hereto shall have been duly executed by the <br />Fiscal Agent. The certificate of authentication appearing on the Governmental Note shall be deemed to <br />have been duly executed by the Fiscal Agent if manually signed by an authorized officer or employee of <br />the Fiscal Agent. Such authentication certificate of the Fiscal Agent shall be conclusive evidence that the