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05-27-2026 Council Packet
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05-27-2026 Council Packet
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<br />47 <br />199386222v3 <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 Direct 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 or the Fiscal Agent no later than the second (2nd) Business Day after receipt <br />by the Controlling Person, or sooner if so required under this Funding Loan Agreement or Funding Loan <br />Documents. The Controlling Person shall make any remittance to the Funding Lender or the Fiscal Agent <br />by wire transfer in accordance with the instructions received from the Funding Lender or the Fiscal Agent <br />or to any other party entitled to such remittances pursuant this Funding Loan Agreement or the Funding <br />Loan Documents in accordance with the instructions received from the Funding Lender. <br />(e) The Controlling Person shall review the Tax and Insurance Escrow Account and <br />the Replacement Reserve Account on an annual basis and adjust required monthly escrow invoices and <br />payment in accordance with terms of Funding Loan Documents. <br />(f) Upon request of the Funding Lender, the Controlling Person shall furnish to the <br />Funding Lender monthly account statements received from the Fiscal Agent with respect to the any <br />accounts established pursuant to this Funding Loan Agreement, including disbursements from such <br />accounts, loan history schedules, outstanding loan balances and escrow balances. <br />(g) The Controlling Person shall provide immediate written notice to the Funding <br />Lender of any Event of Default of which it receives notice or has actual knowledge, or any event which, <br />with the giving of notice or the passage of time, or both, would constitute any Event of Default of which it <br />receives notice or has actual knowledge. <br />(h) The Controlling Person shall refer to the Funding Lender and the Fiscal Agent all <br />Borrower requests for a quote of a payoff amount for the Borrower Loan, shall request a copy of any such <br />quote from the Funding Lender and/or the Fiscal Agent, and shall notify the Funding Lender of the <br />Borrower’s request. The Controlling Person shall prepare payoff letters and delinquency and default notices
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