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11 - Expansion of Property Assessed Clean Energy Program
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11 - Expansion of Property Assessed Clean Energy Program
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AGENDA
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of Contractual Assessment Lien is attached hereto as Exhibit A and made a part hereof. The <br />Property, Qualified Improvements and Assessment are more fully described in the Notice of <br />Contractual Assessment Lien. <br />E. Financing for the Project ("Financing") will be provided to Property Owner by <br />("Lender"), a qualified lender selected by Property Owner, <br />pursuant to a written contract executed by Lender and Local Government as required by Section <br />399.006(c) of the PACE Act (the "Lender Contract"). The financing will include only those costs <br />and fees for which an assessment may be imposed under Section 399.006(e) of the PACE Act. <br />Local Government has agreed to maintain and continue the Assessment for the benefit of Lender <br />until the Financing, all contractual interest due to Lender ("Contractual Interest"), any <br />prepayment penalty, and any penalties, interest, fees, and costs due under or authorized by the <br />PACE Act are paid in full and to release the Assessment upon notice from Lender of such payment, <br />or to foreclose the lien securing the Assessment for the benefit of Lender upon notice from Lender <br />of a default in payment by Property Owner. <br />F. As required by Section 399.010 of the PACE Act, Property Owner has notified the <br />holder(s) of any mortgage liens on the Property at least thirty (30) days prior to the date of this <br />Owner Contract of Property Owner's intention to participate in the PACE Program. The written <br />consent of each mortgage holder to the Assessment was obtained on or prior to the date of this <br />Owner Contract and is attached hereto as Exhibit B and made a part hereof. <br />AGREEMENT <br />The parties agree as follows: <br />1. Imposton_of Assessment. In consideration for the Financing advanced or to be <br />advanced to Property Owner by Lender for the Project under the PACE Program pursuant to the <br />Lender Contract, Property Owner hereby requests and agrees to the imposition by Local <br />Government of the Assessment in the principal amount of $ , as set forth in the <br />Notice of Contractual Assessment Lien. In the event the actual total of costs and fees for which <br />an assessment may be imposed under the PACE Act is different from the stated amount or any <br />other term requires correction, Local Government, Property Owner, and Lender agree to execute <br />an amended Owner Contract and Lender Contract, and Authorized Representative will record an <br />amended Notice of Contractual Assessment Lien. The Assessment includes the application and <br />administration fees authorized by the PACE Program and Section 399.006(e) of the PACE Act. <br />Property Owner promises and agrees to pay the Assessment, Contractual Interest thereon, any <br />prepayment penalty, and all penalties, interest, fees, and costs due under or authorized by the <br />PACE Act and the financing documents executed between Property Owner and Lender (the <br />"Financing Documents") described in or copies of which are attached as Exhibit C attached <br />hereto and made a part hereof by reference. Property Owner will pay such amount in care of or as <br />directed by Lender, in satisfaction of the Assessment imposed pursuant to this Owner Contract and <br />the PACE Act. Accordingly, Local Government hereby imposes the Assessment on the Property <br />to repay the Financing of the Project, Contractual Interest, any prepayment penalty, and any <br />penalties, interest, fees and costs due under or authorized by the PACE Act and the Financing <br />Documents, in accordance with the requirements of the PACE Program and the provisions of the <br />PACE Act. <br />2 <br />v. 7 -AR -ONLY PACE Owner Contract <br />
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