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Fia~st, to pay or provide for the payment of the interest then due on the Funding Loan; <br />Second, to pay or provide for the payment or the prepayment of principal on the Funding Loan, <br />provided moneys have been transferred or deposited into the Funding Loan Payment Fund for such <br />purpose; and <br />~'~iird, to pay or provide for the payment of the Funding Loan on the Maturity Date. <br />Section 7.5. Expense Fund. The Fiscal Agent shall deposit in the Expense Fund the amounts <br />required by the Regulatory Agreement or the Borrower Loan Agreement to be paid by the Borrower to <br />the Governmental Lender or the Fiscal Agent. Amounts on deposit in the Expense Fund shall be used to <br />pay the fees and expenses of the Governmental Lender and the Fiscal Agent, as and when the same <br />become due. In that regard, moneys in the Expense Fund shall be withdrawn or maintained, as <br />appropriate, by the Fiscal Agent to pay (i) the Annual Administration Fee (as defined in the Regulatory <br />Agreement) to the Government Lender as and when due, (ii) the Fiscal Agent amounts due pursuant to the <br />definition of "Fiscal Agent's Fees" herein, (iii) upon receipt, to the Fiscal Agent, any amounts due to the <br />Fiscal Agent which have not been paid, other than amounts paid in accordance with clause (ii) hereof, and <br />(iv) upon receipt, to, or at the direction of, the Governmental Lender, any amounts owing the <br />Governmental Lender by the Borrower and then due and unpaid, other than amounts paid in accordance <br />with clause (i) hereof, <br />In the event that the amounts on deposit in the Expense Fund are not equal to the amounts <br />payable from the Expense Fund as provided in the preceding paragraph on any date on which such <br />amounts are due and payable, the Fiscal Agent shall give notice to the Borrower of such deficiency and of <br />the amount of such deficiency and request payment within two Business Days to the Fiscal Agent of the <br />amount of such deficiency. <br />UVritten notice of any insufficiency, which results in the Governmental Lender not receiving the <br />Governmental Lender Fee on the applicable due date, shall be provided by the Fiscal Agent to the <br />Governmental Lender (with a copy to the Borrower and the Funding Lender) within 10 days of the <br />respective due date. <br />Upon payment by the Borrower of such deficiency, the amounts for which such deficiency was <br />requested shall be paid by the Fiscal Agent. <br />Notwithstanding anything herein to the contrary, the Fiscal Agent, on behalf of the Governmental <br />Lender, shall prepare and submit a written invoice to the Borrower for payment of the Governmental <br />Lender Fee not later than 30 days prior to the due date for payment of such the Governmental Lender Fee, <br />and shall remit moneys received by the Borrower to the Governmental Lender for payment of such fee. <br />Section 7.6. Closing Costs Fund. On the Closing Date, the Borrower shall deposit or cause <br />to be deposited with the Fiscal Agent, for deposit in the Closing Costs Fund, the amount of <br />A~rno>>ntc in the Clnsin~ Cnsts F»nd shall be disbursed by the Fiscal. Agent to pay <br />a <br />Closing Costs on the Closing Date or as soon as practicable thereafter as follows: moneys on deposit in <br />the Closing Costs Fund shall be applied to pay Closing Costs at the written direction of the Authorized <br />Borrower Representative, countersigned by the Funding Lender and the Governmental Lender, in the <br />form attached hereto as EXHIBIT D. Any interest earnings on amounts on deposit in the Closing Costs <br />Fund shall remain in the Fund. Any moneys remaining in the Closing Costs Fund (including investment <br />proceeds) after the earlier of (i) the payment of all costs of issuance as certified in writing to the Fiscal <br />Agent by the Borrower or (ii) a period of six (6) months after the Closing Date, shall be paid to or at the <br />direction of the Borrower and the Closing Costs Fund shall be closed. <br />C:IUsersltadlDesktoplSantaRna HA Washington Place 21 <br />FLA.doc <br />DRAFT 11/28/12 8:39AM <br />