FULL AGENDA_2018-12-18 (2) - Laserfiche WebLink

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EXHIBIT 1 (b) have access to and inspect, examine and make copies of all of the books and records of the Borrower pertaining to the Project; or (c) take such other action at law or in equity as may appear necessary or desirable to enforce the obligations, covenants and agreements of the Borrower hereunder. Provided, however, that neither the Issuer nor the Trustee may seek to recover damages from the Borrower except as permitted pursuant to Section 7 hereof. The Trustee shall have the right, in accordance with this Section 15 and the provisions of the Indenture, without the consent or approval of the Issuer, to exercise any or all of the rights or remedies of the Issuer hereunder; provided that prior to taking any such act the Trustee shall give the Issuer written notice of its intended action. All reasonable fees, costs and expenses of the Trustee incurred in taking any action pursuant to this Section 15 shall be the sole responsibility of the Borrower. After the Indenture has been discharged, or if the Trustee fails to act under this Section 15, the Issuer may act on its own behalf to declare an "Event of Default" to have occurred and to take any one or more of the steps specified hereinabove to the same extent and with the same effect as if taken by the Trustee. Notwithstanding anything herein or in the Indenture to the contrary, so long as the Bonds are outstanding and have not been paid in full, the liability of the Borrower hereunder shall be limited as provided in Section 5.11(a) of the Financing Agreement. The parties hereto agree that the maturity date of the Mortgage Note may be accelerated solely by the holder thereof upon the occurrence of a default on the part of the Borrower under the Loan Documents that is not cured during any applicable grace period in accordance with their respective terms and for no other reason and that neither the Issuer nor the Trustee has any right to accelerate the maturity date of the Mortgage Note. Section 16. Recording and Filing. The Borrower shall cause this Regulatory Agreement and all amendments and supplements hereto and thereto, to be recorded and filed, prior to the recording of the Mortgage and the disbursement of the Loan, in the real property records of the County and in such other places as the Issuer or the Trustee may reasonably request. The Borrower shall pay all fees and charges incurred in connection with any such recording. Section 17. Payment of Fees. Notwithstanding any prepayment of the Loan and notwithstanding a discharge of the Indenture, throughout the term of this Regulatory Agreement, the Borrower shall continue to pay to the Issuer its administration fee described below and in the event of default, to the Issuer and to the Trustee reasonable compensation for any services rendered by either of them hereunder and reimbursement for all expenses reasonably incurred by either of them in connection therewith. The Borrower shall pay to the Issuer (i) an initial fee in the amount of $10,175.00 on or before the Closing Date, and (ii) an annual administration fee in an amount equal to $10,175.00 (such amount being equal to .125% of the original aggregate principal amount of the Bonds) in arrears in equal semi-annual installments, on June 15 and December 15 of each year commencing on June 15, 2007 (the first semi- annual installment shall be prorated for the period beginning on December 1, 2006 through June 15, 2007). The fee of the Issuer referenced in this Section shall in no way limit amounts payable by the Borrower under Section 7 or 15 hereof, or otherwise arising in connection with the Issuer's or Trustee's enforcement of the 17 4-21