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STATE OF TEXAS § <br />COUNTY OF w m § <br />RECITALS <br />I. The Property Assessed Clean Energy Act ("PACE Act"), Texas Local <br />Government Code Chapter 399, authorizes the governing body of a local <br />government to establish a program and designate a region within the local <br />government's jurisdiction within which an authorized representative of the local <br />government may enter into written contracts with the record owners of <br />commercial, industrial, agricultural, and large multifamily residential (5 or <br />more dwelling units) real property to impose assessments on the property to <br />finance the cost of permanent improvements fixed to the property intended to <br />decrease water or energy consumption or demand. Unless otherwise expressly <br />provided herein, all terms used herein have the same meanings ascribed to them <br />in the PACE Act. <br />B ("Local Government") has established a program under <br />e <br />pursuant to a m dated . an <br />. adopted <br />b the {the "PACE mProgram"), d has designated <br />thPA Act <br />�...,„ <br />("Authorized Representative") as the representative <br />auth,orized to enter into and enforce the Assessment, Owner Contract and <br />Lender Contract described herein, and has designated the entire territory within <br />the_ of jurisdiction as a region ("Region") within which <br />the Authorized Representative and the record owners of such real property may <br />enter into written contracts to impose assessments to repay the financing by <br />owners of qualified improvements on the owner's property pursuant to the <br />PACE Program <br />III. ("Property Owner") is the legal and record owner <br />of the qualified "real property," as defined in Section 399.002 of the PACE Act, <br />within the Region located at�.m Texas, and <br />more fully described in Exhibit A attached hereto and made a part hereof (the <br />"Property") <br />IV Property Owner has applied to Local Government to participate in the PACE <br />Program by installing or modifying on the Property certain permanent <br />improvements described in Exhibit B attached hereto and made a part hereof, <br />which are intended to decrease water or energy consumption or demand, and <br />which are or will be fixed to the Property as "qualified improvements", as <br />defined in Section 399.002 of the PACE Act (the "Qualified Improvements"). <br />The installation or modification of such Qualified Improvements on the <br />Property will be a "qualified project" as defined in Section 399.002 of the <br />PACE Act. Property Owner has entered into a written contract (the "Owner <br />Contract") with Local Government pursuant to the PACE Act and the PACE <br />