05-27-2026 Council Packet - Laserfiche WebLink

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46 199386222v3 Section 8.2 Servicing.The Funding Lender has appointed the Controlling Person to be the servicer of the Funding Loan and the Borrower Loan and the Controlling Person has accepted such appointment. Satisfactory arrangements have previously been made for the payment of servicing fees and expenses in connection with the Controlling Person’s servicing obligations hereunder, and the Borrower and the Funding Lender have no obligation for such payments. Without limiting the foregoing, the Controlling Person shall have no right or claim to any transfer or assumption fees, late charges, acceleration premium or Default Interest payable under this Funding Loan Agreement or the Funding Loan Documents; provided, however that, to the extent permitted under the Funding Loan Documents, the Controlling Person shall be entitled to collect from the Borrower its normal and customary incidental fees and charges for any requested review, approval or other action, including, without limitation, in connection with any proposed transfer, loan assumption, easement, subordinate financing, release of collateral, condemnation proceeding, non-disturbance agreement or other similar action, unless such review, approval or other action is performed solely by the Funding Lender. (b) The Controlling Person shall be responsible for the performance of the following servicing duties: (i) The Controlling Person shall perform the duties expressly given to the Controlling Person under the Funding Loan Documents and this Funding Loan Agreement, including approval of Requisitions and Advances. (ii) The Controlling Person shall prepare monthly bills to the Borrower in accordance with the Funding Loan Documents for payments to the Funding Lender of principal and interest under the Borrower Loan and for deposits into the Tax and Insurance Escrow Account and the Replacement Reserve Account (but not the Fiscal Agent’s Fee or the Governmental Lender’s Fee). The Controlling Person shall notify the Borrower of the amount payable by the Borrower to the Funding Lender. Such notification may be delivered by electronic mail or by facsimile. The Controlling Person shall diligently attempt to collect all of the following, at the times they are due and payable under this Funding Loan Agreement and the Funding Loan Documents: (1) The principal and interest due and payable on the Borrower Note; (2) The Governmental Lender’s Fee and Fiscal Agent’s Fee, as applicable; (3) Amounts due and payable under the Direct Note; (4) Any monthly Replacement Reserve Account deposit; (5) Any Monthly Tax and Insurance Amounts; (6) Any other escrow or reserve deposits required by the Funding Loan Documents; (7) Any assumption or transfer fee required by this Funding Loan Agreement or Funding Loan Documents; and (8) Any acceleration premium.