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Attachment B <br />Section 7.17 Filing of Financing Statements. The Fiscal Agent shall not be responsible <br />for filing or for the sufficiency or accuracy of any financing statements initially filed to perfect <br />security interests granted under this Funding Loan Agreement. The Fiscal Agent shall file <br />continuation statements with respect to each UCC financing statement relating to the Pledged <br />Security filed at the time of the issuance of the Governmental Note; provided that a copy of the <br />filed initial financing statement is timely delivered to the Fiscal Agent. In addition, unless the <br />Fiscal Agent shall have been notified in writing by the Governmental Lender or the Funding <br />Lender Representative that any such initial filing or description of collateral was or has become <br />defective, the Fiscal Agent shall be fully protected in (a) relying on such initial filing and <br />descriptions in filing any financing or continuation statements or modifications thereto pursuant <br />to this section and (b) filing any continuation statements in the same filing offices as the initial <br />filing were made. The Borrower shall be responsible for the customary fees charged by the Fiscal <br />Agent for the preparation and filing of continuation statements and for the reasonable costs <br />incurred by the Fiscal Agent in the preparation and filing of all continuation statements hereunder, <br />including attorneysÓ fees and expenses. These fees shall be considered ÐExtraordinary ServicesÑ <br />fees. Upon the filing of any such continuation statement the Fiscal Agent shall immediately notify <br />the Governmental Lender, the Borrower, the Funding Lender Representative and the Servicer that <br />the same has been done. <br />Section 7.18 USA Patriot Act Requirements of the Fiscal Agent. To help the <br />government of the United States of America fight the funding of terrorism and money laundering <br />activities, federal law requires all financial institutions to obtain, verify, and record information <br />that identifies each person who opens an account. For a non-individual Person such as a business <br />entity, a charity, a trust, or other legal entity, the Fiscal Agent may request documentation to verify <br />such PersonÓs formation and existence as a legal entity. The Fiscal Agent may also request <br />financial statements, licenses, identification and authorization documents from individuals <br />claiming authority to represent such Person or other relevant documentation. <br />ARTICLE VIII <br /> <br />AMENDMENTS OF CERTAIN DOCUMENTS <br />Section 8.01 Amendments to this Funding Loan Agreement. Any of the terms of this <br />Funding Loan Agreement and the Governmental Note may be amended or waived only by an <br />instrument signed by the Fiscal Agent and the Governmental Lender, and with the prior written <br />consent of the Funding Lender Representative acting in its sole and absolute discretion. <br />Section 8.02 Amendments to Financing Documents Require Consent of Funding <br />Lender Representative. Neither the Governmental Lender nor the Fiscal Agent shall consent to <br />any amendment, change or modification of any Financing Document without the prior written <br />consent of the Funding Lender Representative acting in its sole and absolute discretion. The Fiscal <br />Agent shall enter into such amendments to the Financing Documents as shall be directed by the <br />Funding Lender Representative, including entering into the amendments and/or amendments and <br />restatements attached as exhibits to the Construction Phase Financing Agreement on the <br />Conversion Date. <br /> 55 <br />12502516v3 <br /> <br />