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2020_0518_CCPacket
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2020_0518_CCPacket
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Roseville City Council
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Council Agenda/Packets
Meeting Date
5/18/2020
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Attachment C <br />and disbursing services with respect to the Loans during the Construction Phase. During the <br />Construction Phase, Greystone Servicing Company, a Delaware limited liability company, is <br />the initial Servicer and the Financial Monitor.\] OR \[. The initial Servicer of the Loans <br />during the Construction Phase is ________________________, Greystone Servicing <br />Company LLC, a \[national banking association\]Delaware limited liability company.\] On the <br />Freddie Mac Purchase Date, the Freddie Mac Seller/Servicer shall become the Servicer and shall <br />service the Loans as required by the Freddie Mac Commitment and the Guide and the role of the <br />Financial Monitor shall terminate. The Funding Lender Representative may, in its sole and <br />absolute discretion, remove or appoint a replacement Servicer or a replacement Financial Monitor, <br />as applicable, by written notice provided to the Governmental Lender, the Fiscal Agent and the <br />Borrower. Any successor Servicer or Financial Monitor, as applicable, shall signify its acceptance <br />of the respective duties and obligations imposed upon it by the Funding Loan Agreement, this <br />Project Loan Agreement and the Construction Continuing Covenant Agreement by executing such <br />instrument(s) as shall be acceptable to the Funding Lender Representative, a copy of which shall <br />be provided to the parties hereto. <br />(c) Notwithstanding any provision in this Project Loan Agreement to the contrary, <br />during any period that a Servicer is engaged with respect to the Loans, the Governmental Lender <br />and the Fiscal Agent agree that all payments of principal of, Prepayment Premium, if any, and <br />interest on the Funding Loan and all fees due hereunder and under the Funding Loan Agreement <br />shall be paid by the Borrower to the Servicer. The Servicer shall remit all payments collected from <br />the Borrower of principal of, Prepayment Premium, if any, and interest on the Funding Loan, <br />together with other amounts due to the Funding Lender, directly to the Funding Lender (without <br />payment through the Fiscal Agent) per the instructions of the Funding Lender Representative. <br />After payment to Funding Lender of all amounts then due in respect of principal of, Prepayment <br />Premium, if any, and interest on the Funding Loan, together with other amounts due to the Funding <br />Lender, the Servicer shall be entitled to retain its Servicing Fee (if any) collected from the <br />Borrower and shall remit the Governmental Lender Fee to the Governmental Lender and shall <br />remit the Fiscal AgentÓs Ordinary Fees and Expenses to the Fiscal Agent, together with any other <br />amounts due to the Governmental Lender and the Fiscal Agent collected by the Servicer from the <br />Borrower, in each case in accordance with their respective instructions. Any payment made in <br />accordance with the provisions of this Section shall be accompanied by sufficient information to <br />identify the source and proper application of such payment. The Servicer shall promptly notify <br />the Fiscal Agent, the Funding Lender Representative, and the Governmental Lender in writing of <br />any failure of the Borrower to make any payment of principal of, Prepayment Premium, if any, <br />and interest on the Funding Loan when due or to pay any fees due hereunder or under the Funding <br />Loan Agreement, and the Fiscal Agent and the Governmental Lender shall not be deemed to have <br />any notice of such failure unless it has received such notice in writing. After payment has been <br />made each month by the Borrower to the Servicer, payment of fees to which the Financial Monitor <br />is entitled shall be paid by Borrower directly to the Financial Monitor as set forth in the Financial <br />Monitoring Agreement. <br />(d) The Governmental Lender, the Fiscal Agent, and the Borrower hereby <br />acknowledge and agree that (i) the Funding Lender Representative has appointed (1) the Servicer <br />to service and administer the Project Loan, and (2) during the Construction Phase, the Financial <br />Monitor to provide monitoring and disbursing services in connection with the Loans, (ii) the <br /> 15 <br />12502464v3 <br /> <br />
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