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Development Impact Fees and all of the Agency's rights under the Joint Powers Agreement, in <br />respect of such Development Impact Fees and the proceeds of the foregoing (the "Collateral "), <br />1. Notice is hereby given that pursuant to section 7.5(b) of the Second Supplemental <br />Indenture, the Agency has pledged and assigned to the Trustee and granted to the Trustee or will <br />hereafter pledge, assign and grant to the Trustee a security interest in all of the Agency's present <br />or future right, title and interest in and to the collateral, for the exclusive benefit of the Banks and <br />the owners of the Series 1995B Variable Rate Bonds. <br />2. The Member hereby acknowledges the Trustee's security interest in the <br />Collateral. <br />3. The Member agrees that (a) it shall collect all Development Impact Fees on behalf <br />of the Agency; (b) such Development Impact Fees are the property of the Agency and the <br />Member has no beneficial interest therein; (c) until such Development Impact Fees have been <br />paid to the Agency , the Member shall hold all such Development Impact Fees in trust for the <br />benefit of the Agency and the Trustee acting for the benefit of the Banks and the owners of the <br />Series 1995B Variable Rate Bonds; (d) the Member shall segregate such Development Impact <br />Fees from its other revenues and identify on its books and records such Development Impact <br />Fees as belonging to the Agency; (e) the Member shall pay all Development Impact Fees directly <br />to the Trustee at the address specified by the Trustee or by wire transfer to the account specified <br />by the Trustee. <br />4. For purposes of this Notice and Acknowledgment, "Development Impact Fees" <br />means the fees collected by the Member as a condition of approval of a final map or as a <br />condition of approval of a building permit pursuant to Section 66484.3 of the California <br />Government Code, the Joint Powers Agreement and the ordinances adopted by such Member. <br />