Laserfiche WebLink
Attachment B <br />(i) in whole or in part, upon the occurrence of a mandatory prepayment of the <br />Project Loan pursuant to the Project Note and receipt by the Fiscal Agent of a written <br />direction by the Funding Lender Representative that the Funding Loan shall be subject to <br />mandatory prepayment as a result thereof; <br />(ii) in part, on the Interest Payment Date next following the completion of the <br />acquisition, construction, and equipping of the Project, to the extent amounts remaining in <br />the Project Account of the Project Loan Fund are transferred to the Loan Prepayment Fund <br />pursuant to Section 4.02(e) hereof; <br />(iii) in part, in the event the Borrower makes a Pre-Conversion Loan <br />Equalization Payment; or <br />(iv) in whole, on or after the Forward Commitment Maturity Date, at the written <br />direction of the Initial Funding Lender, if the Notice of Conversion is not issued by the <br />Freddie Mac Seller/Servicer prior to the Forward Commitment Maturity Date. <br />Section 3.02 Notice of Prepayment. Unless waived by the Funding Lender, notice of the <br />intended prepayment of the Funding Loan shall be given by the Fiscal Agent by first class mail, <br />postage prepaid, or by overnight delivery service, to the Funding Lender. All such prepayment <br />notices shall be given not less than ten (10) days (not less than thirty (30) days in the case of <br />optional prepayment occurring after Conversion) nor more than sixty (60) days prior to the date <br />fixed for prepayment. Notices of prepayment shall state (i) the prepayment date, (ii) the <br />prepayment amount, and (iii) the place or places where amounts due upon such prepayment will <br />be payable. <br />Notice of such prepayment shall also be sent by first class mail, postage prepaid, or by <br />overnight delivery service, to the Servicer, not later than the time of mailing of notices required by <br />the first paragraph above, and in any event no later than simultaneously with the mailing of notices <br />required by the first paragraph above; provided, that neither failure to give or receive such notice <br />nor any defect in any notice so mailed shall affect the sufficiency of the proceedings for the <br />mandatory prepayment of the Funding Loan (whether in whole or in part). <br />Notwithstanding the foregoing, during any period while the Fiscal Agent is not collecting <br />and remitting loan payments hereunder, the Fiscal Agent shall have no obligation to send <br />prepayment notices pursuant to this Section 3.02. <br />ARTICLE IV <br /> <br />REVENUES AND FUNDS <br />Section 4.01 Pledge of Revenues and Assets; Establishment of Funds. The pledge and <br />assignment of and the security interest granted in the Pledged Security pursuant to Section 2.02 <br />hereof shall attach, be perfected and be valid and binding from and after the time of the closing of <br />the Funding Loan and delivery of the Governmental Note by the Fiscal Agent or by any Person <br />authorized by the Fiscal Agent to deliver the Governmental Note. \[Please confirm no UCC filing <br />is required to perfect with respect to Governmental Loan.\] The Pledged Security so pledged and <br /> 26 <br />12502516v3 <br /> <br />