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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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2. Maintenance and Enforcement of Assessment. In consideration for Lender's <br />agreement to advance Financing to Property Owner for the Project pursuant to the Financing <br />Documents, Local Government agrees to maintain and continue the Assessment on the Property <br />for the benefit of Lender until the Assessment, Contractual Interest, any prepayment penalty, and <br />any penalties, interest, fees, and costs, due under or authorized by the PACE Act and the Financing <br />Documents are paid in full, and to release the Assessment upon notice from Lender of such <br />payment. Local Government agrees to enforce the assessment lien against the Property at the <br />request of Lender in the event of a default in payment by Property Owner, in accordance with the <br />provisions set forth in paragraph 5. Authorized Representative will deliver an annual notice of <br />assessment to Property Owner by electronic mail each year until the Assessment is released. If <br />requested by Property Owner by marking the box below, Local Government agrees to also deliver <br />an annual notice of assessment to Property Owner by first-class mail in the envelope with the tax <br />bill of the Property each year until the Assessment is released. <br />❑ Property Owner requests an annual notice of assessment from Local Government. <br />Any failure of Local Government or Authorized Representative to deliver an annual tire of <br />assessment to ProLierty Owner will not affect the Assessment worwProlaerty's Owner's obligations <br />under this Owner Contract. <br />3. Installments. The Assessment and Contractual Interest thereon are due and payable <br />to Lender in installments ("Installments"), according to the payment schedule set forth in the <br />Financing Documents attached hereto as Exhibit C. The Assessment includes (1) an application <br />fee paid by Property Owner to Authorized Representative at closing of the Financing, and (2) a <br />recurring administration fee paid by Property Owner to Authorized Representative until the <br />Assessment is released. The recurring administration fee amount will be collected by Lender and <br />paid to Authorized Representative within thirty (30) days of receipt by Lender, unless otherwise <br />agreed to in writing by Authorized Representative. Notwithstanding the foregoing, in the event of <br />a delinquency in the payment of any Installment, Lender will, upon notice to Authorized <br />Representative, withhold payment of any administration fee due to Authorized Representative in <br />connection with such Installment until the Installment is paid. Any such temporary withholding <br />will not reduce the amount of the administration fees included in the Assessment. The amounts <br />due to Authorized Representative are identified in Exhibit C hereto. When the Assessment, <br />Contractual Interest, any prepayment penalty, and any penalties, interest, fees and costs due under <br />or authorized by the PACE Act and the Financing Documents, have been paid in full, Local <br />Government's rights under this Owner Contract will cease and terminate. Upon notice from Lender <br />that all amounts due have been paid in full, Authorized Representative will execute a release of <br />the Assessment and this Owner Contract and record the release. As required by Section 399.009(a) <br />(8) of the PACE Act, the period during which such Installments are payable does not exceed the <br />useful life of the Project. <br />4. Assignment of Right to Receive Installments or Require Enforcement of Lien. <br />Lender will have the right, with or without the consent of Property Owner, to assign or transfer the <br />right to receive the Installments or require Local Government to enforce the assessment lien in the <br />event of a default in payment, together with all corresponding obligations, provided that all of the <br />following conditions are met: <br />v. 7—AR—ONLY PACE Owner Contract <br />
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