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20 - Intent to Establish the City of Paris Texas Property Assessed Clean Energy (PACE) Program
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20 - Intent to Establish the City of Paris Texas Property Assessed Clean Energy (PACE) Program
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Program and has requested Local Government to impose an assessment on the <br />Property to repay the financing of such Qualified Improvements. <br />V, The financing of such Qualified Improvements will be provided to Property <br />Owner by ry„ry„„ ("Lender"), a qualified lender selected by <br />Property by,, <br />pursuant to a written contract executed by Lender and Local <br />Government as required by Section 399.006(c) of the PACE Act and by the <br />PACE Program (the "Lender Contract"). Lender will be responsible for all <br />servicing duties other than those specifically undertaken by Local Government <br />in the Lender Contract. <br />THEREFORE, Local Government hereby gives notice to the public pursuant to Section <br />399.013 of the PACE Act that it has imposed an assessment on the Property in the amount <br />of $ , as set forth on Exhibit C attached hereto, which together with all <br />s, penalties, costs and other sums due under and/or authorized by the PACE <br />interest, fee <br />Act, PACE Program and the financing documents between Property Owner and Lender <br />(the "Financing Documents") is herein referred to as the "Assessment". <br />Pursuant to Section 399.014 of the PACE Act, <br />The Assessment, including interest and any penalties, costs, or fees accrued thereon, <br />(i) is a first and prior lien on the Property from the date that this Notice of Contractual <br />Assessment Lien is recorded in the Official Public Records of Texas, <br />until such Assessment, interest, penalties, costs, and fees are paid in full; and <br />(ii) such lien has the same priority status as a lien for any other ad valorem tax, <br />pursuant to Section 399.014(x)(2) of the PACE Act. <br />The lien created by the Assessment runs with the land, and according to Section 399.014(b) <br />of the PACE Act, any portion of the Assessment that has not yet become due is not <br />eliminated by foreclosure of: (i) a property tax lien, or (ii) the lien for any past due portion <br />of the Assessment. In the event of a sale or transfer of the Property by Property Owner <br />(including, without limitation, a foreclosure sale for a past due portion of the Assessment), <br />the obligations under the Financing Documents (including, without limitation, the portion <br />of the Assessment that has not yet become due) will be transferred to the succeeding owner <br />without recourse on Local Government or the Program Representative and with recourse <br />on Property Owner only for any unpaid installments of the Assessment that became due <br />during Property Owner's period of ownership. <br />After this Notice of Contractual Assessment Lien is recorded in the real property records <br />of the county in which the Property is located as provided under Section 399.013 of the <br />PACE Act, the lien created by the Assessment may not be contested on the basis that the <br />improvement is not a "qualified improvement" or the project is not a "qualified project", <br />as such terms are defined in Section 399.002 of the PACE Act. <br />EXECUTED on <br />LOCAL GOVERNMENT:�mmm� <br />
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