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including agent and counsel fees, of the Governmental Lender incurred under the Borrower Loan
<br />Documents or the Funding Loan Documents, and any taxes and assessments with respect to the
<br />Project, as and when the same become due;
<br />(111) to the Servicer, the Servicer's Fee, payable monthly in arrears;
<br />(iv) all Costs of Funding and fees, charges and expenses, including agent and counsel
<br />fees incurred in connection with the origination of the Borrower Loan and the Funding Loan, as
<br />and when the same become due;
<br />(v) to the Funding Lender, on demand, all charges, costs, advances, indemnities and
<br />expenses, including agent and counsel fees, of the Funding Lender incurred by the Funding
<br />Lender at any time in connection with the Borrower Loan, the Funding Loan or the Project,
<br />including, without limitation, reasonable counsel fees and expenses incurred in connection with
<br />the interpretation, performance, or amendment and all counsel fees and expenses relating to the
<br />enforcement of the Borrower Loan Documents or the Funding Loan Documents or any other
<br />documents relating to the Project or the Borrower Loan or in connection with questions or other
<br />matters arising under such documents or in connection with any federal or state tax audit;
<br />(vi) all Late Charges due and payable under the terms of the Borrower Notes and
<br />Section 2.6 hereof; provided, however, that all payments made pursuant to this subsection (vi)
<br />shall be made to the Servicer, and if there is no Servicer, such payments shall be made to the
<br />Funding Lender; and
<br />(i) to the Fiscal Agent, all fees, charges, costs, advances, indemnities and expenses,
<br />including agent and counsel fees, of Fiscal Agent incurred under the Borrower Loan Documents
<br />or the Funding Loan Documents as and when the same become due.
<br />(b) The Borrower shall pay to the party entitled thereto as expressly set forth in this
<br />Borrower Loan Agreement or the other Borrower Loan Documents or Funding Loan Documents:
<br />(i) all expenses incurred in connection with the enforcement of any rights under this
<br />Borrower Loan Agreement or any other Borrower Loan Document, the Regulatory Agreement, or
<br />any Funding Loan Document by the Governmental Lender, the Funding Lender, the Fiscal Agent
<br />or the Servicer;
<br />(ii) all other payments of whatever nature that the Borrower has agreed to pay or
<br />assume under the provisions of this Borrower Loan Agreement or any other Borrower Loan
<br />Document or Funding Loan Document; and
<br />(111) all expenses, costs and fees relating to inspections of the Project required by the
<br />Governmental Lender, the Funding Lender, the Fiscal Agent, the Servicer or the Construction
<br />Consultant, in accordance with the Borrower Loan Documents or the Funding Loan Documents
<br />or to reimburse such parties for such expenses, costs and fees.
<br />Section 2.6. Overdue Payments; Payments if Default. If any Borrower Payment Obligation is
<br />not paid by or on behalf of the Borrower when due, the Borrower shall pay to the party to whom such
<br />payment is required to be made, a Late Charge in the amount and to the extent set forth in the Borrower
<br />Notes, if any.
<br />C:1UsersltadlDesktoplSantaRna HA Washington Place ~l .LL,~, .
<br />BLA.doc
<br />DRAFT 11/28/12 8:41AM
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