Laserfiche WebLink
ARTICLE III <br />FUNDS AND ACCOUNTS <br />Section 7.1. Authorization to Create Funds and Accounts. Except as provided in Section 7.3 <br />hereof, no funds or accounts shall be established in connection with the Funding Loan at the time of <br />closing and origination of the Funding Loan. The Funding Lender, the Fiscal Agent and the Servicer, if <br />any, are authorized to establish and create from time to time such other funds and accounts or subaccounts <br />as may be necessary for the deposit of moneys (including, without limitation, insurance proceeds and/or <br />condemnation awards), if any, received by the Governmental Lender, the Fiscal Agent, the Funding <br />Lender or the Servicer pursuant to the terms hereof or any of the other Funding Loan Documents and not <br />immediately transferred or disbursed pursuant to the terms of the Funding Loan Documents and/or the <br />Borrower Loan Documents. <br />Section 7.2. Investment of Funds. Amounts held in any funds or accounts created under this <br />Funding Loan Agreement shall be invested in Permitted Investments at the direction of the Borrower, <br />subject in all cases to the restrictions of Section 8.7 hereof and of the Tax Certificate. <br />Section 7.3. Establishment of Funds. There are established with the Fiscal Agent the <br />following funds and accounts: <br />(a) The Funding Loan Payment Fund; <br />(b) The Project Fund (and within such fund, the Note Proceeds Account); <br />(c) The Expense Fund; <br />(d) The Closing Costs Fund; and <br />(e) The Rebate Fund. <br />All money required to be deposited with or paid to the Fiscal Agent for the account of any of the <br />funds or accounts created by this Funding Loan Agreement shall be held by the Fiscal Agent in trust for <br />the benefit of the Funding Lender, and except for money held in the Expense Fund or the Rebate Fund, <br />shall, while held by the Fiscal Agent, constitute part of the Pledged Revenues and be subject to the lien <br />hereof. <br />Section 7.4. Funding Loan Payment Fund. The Governmental Lender and the Borrower <br />shall have no interest in the Funding Loan Payment Fund or the moneys therein, which shall always be <br />maintained by the Fiscal Agent completely separate and segregated from all other moneys held hereunder <br />and from any other moneys of the Governmental Lender and the Borrower. <br />The Fiscal Agent shall deposit into the Funding Loan Payment Fund any amounts received from <br />the Borrower as payments of principal of or premium on interest on the Borrower Loan and any other <br />amounts received by the Fiscal Agent that are subject to the lien and pledge of this Funding Loan <br />Agreement, including any Pledged Revenues not required to be deposited to the Expense Fund or not <br />otherwise specifically directed in writing to be deposited into other funds created by this Funding Loan <br />Agreement. <br />The Fiscal Agent shall apply all amounts on deposit in the Funding Loan Payment Fund in the <br />following order of priority: <br />C:IUsersltadlDesktoplSantaAna HA Washington Place 20 <br />FLA.doc <br />DRAFT 11/28/12 8:39AM <br />