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Attachment B <br />then or thereafter received by the Fiscal Agent shall immediately be subject to the lien of such <br />pledge and security interest without any physical delivery thereof or further act, and the lien of <br />such pledge and security interest shall be valid and binding and prior to the claims of any and all <br />parties having claims of any kind in tort, contract or otherwise against the Governmental Lender <br />irrespective of whether such parties have notice thereof. <br />In addition to the Project Loan Fund established pursuant to Section 2.11 hereof, the Fiscal <br />Agent shall establish, maintain and hold in trust the following funds and accounts, each of which <br />is hereby established and each of which shall be disbursed and applied only as herein authorized: <br />(a) Refunding Fund; <br />(b) Revenue Fund; <br />(c) Loan Payment Fund; <br />(d) Loan Prepayment Fund; <br />(e) Administration Fund; <br />(f) Cost of Issuance Fund; and <br />(g) Rebate Fund. <br />The funds and accounts established pursuant to Section 2.11 and this Section 4.01 shall be <br />maintained in the corporate trust department of the Fiscal Agent as segregated trust accounts, <br />separate and identifiable from all other funds held by the Fiscal Agent. The Fiscal Agent shall, at <br />the written direction of an Authorized Officer of the Governmental Lender, and may, in its <br />discretion, establish such additional accounts within any Fund, and subaccounts within any of the <br />accounts, as the Governmental Lender or the Fiscal Agent may deem necessary or useful for the <br />purpose of identifying more precisely the sources of payments into and disbursements from that <br />Fund and its accounts, or for the purpose of complying with the requirements of the Code relating <br />to arbitrage, but the establishment of any such account or subaccount shall not alter or modify any <br />of the requirements of this Funding Loan Agreement with respect to a deposit or use of money in <br />the funds established hereunder, or result in commingling of funds not permitted hereunder. <br />Section 4.02 Project Loan Fund. <br />(a) Deposit. The Fiscal Agent shall deposit the transferred proceeds of the Prior Note <br />received from the Prior Lender and proceeds (other than those deposited in the Refunding Fund) <br />of the Funding Loan into the Project Account of the Project Loan Fund upon receipt of each <br />advance thereof as provided in Section 2.11(b) hereof. The Fiscal Agent shall deposit $0.00 of the <br />Borrower Equity Deposit into the Borrower Equity Account of the Project Loan Fund, as well as <br />any additional amounts delivered from time to time to the Fiscal Agent and directed by the <br />Borrower or Servicer (or, during the Construction Phase, Financial Monitor) to be deposited <br />therein (excluding any proceeds of the Governmental Note), as provided in Section 2.11(c) hereof. <br /> 27 <br />12502516v3 <br /> <br />