Common use of Loan Payments Clause in Contracts

Loan Payments. The Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower covenants and agrees during the Loan Term to make Loan Payments to the Trustee at its Principal Office, for the account of the Issuer, for deposit in the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount of such payment being as follows: (i) the amount of the principal, if any, of the Bonds due and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount of interest on the Bonds due and payable on such Loan Payment Date; (iii) the amount of redemption premium, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III of the Indenture. (b) The amounts received by the Trustee under the Credit Facility shall be credited against the Loan Payment due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event shall be delivered to the Credit Enhancer in reimbursement of the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpayment. (c) Except for such interest of the Borrower as may hereafter arise pursuant to Section 510 of the Indenture, the Borrower and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit of the Bondowners and the Credit Enhancer.

Loan Payments. The (a) Borrower shall pay to Lender on the following amounts Closing Date, an amount equal to interest only on the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower covenants and agrees during Principal Amount of the Loan Term from the Closing Date up to make Loan Payments and including March 14, 2005. With respect to any principal advanced in a second disbursement in accordance with Section 2.1.2, Borrower shall pay to Lender on the Trustee at its Principal Officedate of such second disbursement, for an amount equal to interest only on the account principal amount so disbursed from the date of such second disbursement up to and including the fourteenth (14th) calendar day of the Issuer, for deposit calendar month in which the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on next succeeding Payment Date occurs. On each Loan Payment Date, commencing on April 12, 2005, through the amount of such payment being as follows: (i) the amount of the principal, if any, of the Bonds due and payable on such Loan June 2005 Payment Date, whether Borrower shall pay to Lender monthly installments of interest at stated maturity, by redemption the applicable Interest Rate for the applicable Interest Period. No regularly scheduled payments of principal shall be due with respect to the Loan prior to maturity or acceleration or otherwise; (ii) the amount of interest July 2005 Payment Date. On each Payment Date, commencing with the July 2005 Payment Date, and on the Bonds due Maturity Date, Borrower shall make a payment to Lender of principal and payable on such Loan interest in an amount equal to the Monthly Debt Service Payment Date; (iii) Amount, which payments shall be applied first to unpaid interest and the amount of redemption premium, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required balance to be purchased on such Loan Payment Date pursuant to Article III of the Indentureprincipal. (b) The For purposes of making payments hereunder, but not for purposes of calculating Interest Periods, if the day on which such payment is due is not a Business Day, then amounts received by the Trustee under the Credit Facility due on such date shall be credited against the Loan Payment due on the applicable Loan Payment immediately preceding Business Day and with respect to payments of principal due on the Maturity Date. Any Loan Payment made by the Borrower and held by the Trustee in such event , interest shall be delivered to payable at the Credit Enhancer in reimbursement Interest Rate or the Default Rate, as the case may be, through and including the last day of the related Interest Period. Except as provided in Section 2.4 with respect to taxes, all amounts so received by due under this Agreement and the Trustee under the Credit Facility, and any excess other Loan Documents shall be returned to the Borrower as an overpaymentpayable without setoff, counterclaim, defense or any other deduction whatsoever. (c) Except for such interest All amounts advanced by Lender pursuant to the applicable provisions of the Loan Documents, other than the Principal Amount, together with any interest at the Default Rate or other charges as provided therein, shall be due and payable hereunder as provided in the Loan Documents. In the event any such advance or charge is not so repaid by Borrower, Lender may, at its option, first apply any payments received under the Note to repay such advances, together with any interest thereon, or other charges as provided in the Loan Documents, and the balance, if any, shall be applied in payment of any installment of interest or principal then due and payable. (d) Borrower as may hereafter arise pursuant shall pay to Section 510 Lender on the Maturity Date the outstanding Principal Amount of the IndentureLoan, all unpaid interest and all other amounts due hereunder and under the Notes, the Borrower Security Instruments and the Issuer each acknowledge other Loan Documents. (e) To the extent that neither Borrower makes a payment or Lender receives any payment or proceeds for Borrower’s benefit, which are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver, custodian or any other party under any bankruptcy law, common law or equitable cause, then, to such extent, the obligations of Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein hereunder intended to be satisfied shall be in the custody of revived and held continue as if such payment or proceeds had not been received by the Trustee in trust for the benefit of the Bondowners and the Credit EnhancerLender.

Loan Payments. The Borrower shall pay the following amounts to the Trustee, all as “"Loan Payments” " under this Loan Agreement: (a) The Borrower covenants and agrees during the Loan Term to make Loan Payments to the Trustee at its Principal Office, for the account of the Issuer, for deposit in the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s 's local time, on each Loan Payment Date, the amount of such payment being as follows: (i) the amount of the principal, if any, of the Bonds due and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount of interest on the Bonds due and payable on such Loan Payment Date; (iii) the amount of redemption premium, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III of the Indenture. (b) The amounts received by the Trustee under the Credit Facility shall be credited against the Loan Payment due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event shall be delivered to the Credit Enhancer in reimbursement of the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpayment. (c) Except for such interest of the Borrower as may hereafter arise pursuant to Section 510 of the Indenture, the Borrower and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit of the Bondowners and the Credit Enhancer.

Loan Payments. The Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower covenants and agrees during shall make a payment to Lender of interest only on each Note on the Loan Term to make Loan Payments to the Trustee at its Principal Office, Closing Date for the account period from (and including) the Closing Date through (and including) the fourteenth (14th) day of the Issuer, for deposit in the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount of such payment being as follows: either (i) the amount month in which the Closing Date occurs (if the Closing Date occurs on or before the fourteenth (14th) day of the principalsuch month, if any, of the Bonds due and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount month following the month in which the Closing Date occurs (if the Closing Date occurs on or after the fifteenth (15th) day of the then current calendar month; provided, however, if the Closing Date is the fourteenth (14th) day of a calendar month, no such separate payment of interest on the Bonds due and payable on such Loan Payment Date; (iii) shall be due. Borrower shall make a payment to Lender of interest in the amount of redemption premium, if any, the Monthly Debt Service Payment Amount on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan First Monthly Payment Date pursuant and on each Monthly Payment Date occurring thereafter to Article III of and including the IndentureMaturity Date. (b) The amounts received by the Trustee under the Credit Facility shall be credited against the Loan Payment due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event shall be delivered to the Credit Enhancer in reimbursement of the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpaymentReserved. (c) Except for such interest Borrower shall pay to Lender on the Maturity Date the outstanding principal balance of the Loan, all accrued and unpaid interest and all other amounts due hereunder and under the Note, the Pledge Agreement and the other Loan Documents. (d) If any principal, interest or any other sum due under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower as may hereafter arise pursuant on the date on which it is due, Borrower shall pay to Section 510 Lender upon demand an amount equal to the lesser of five percent (5%) of such unpaid sum or the maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the Indentureuse of such delinquent payment. Any such amount shall be secured by the Pledge Agreement and the other Loan Documents. (i) Except as otherwise specifically provided herein, all payments and prepayments under this Agreement and the Note shall be made to Lender not later than 3:00 P.M., New York City time, on the date when due and shall be made in lawful money of the United States of America in immediately available funds at Lender’s office, and any funds received by Lender after such time shall, for all purposes hereof, be deemed to have been paid on the next succeeding Business Day. (ii) Whenever any payment to be made hereunder or under any other Loan Document shall be stated to be due on a day which is not a Business Day, the due date thereof shall be deemed to be the immediately preceding Business Day. (iii) All payments required to be made by Borrower and hereunder or under the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund Note or the Debt Service Fund and any moneys deposited therein other Loan Documents shall be in the custody made irrespective of, and without deduction for, any setoff, claim or counterclaim and shall be made irrespective of and held by the Trustee in trust for the benefit of the Bondowners and the Credit Enhancerany defense thereto.

Loan Payments. The Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower Except as otherwise provided herein, the Developer covenants and agrees during the Loan Term to make Loan Payments payments in respect of the Loan, including accrued interest, directly to the Trustee at its Principal Officefor deposit to the Revenue Fund in amounts sufficient to pay all amounts becoming due hereunder and under the Indenture on any Interest Payment Date or other date on which any amounts are due whether by acceleration, for the account redemption or maturity, such payments to be made by or on behalf of the IssuerDeveloper by 2:00 p.m., for deposit in the Revenue FundNew York, in federal New York time on such Interest Payment Dates or other immediately available funds, during normal business hours dates on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount of which any such payment being as follows: (i) the amount of the principal, if any, of the Bonds due and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount of interest on the Bonds due and payable on such Loan Payment Date; (iii) the amount of redemption premium, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III of the Indentureamounts are due. (b) The Developer shall be deemed to have satisfied its obligations hereunder and under the Note when corresponding amounts received are paid pursuant to a drawing by the Trustee under the Credit Facility shall be credited against Enhancement or the Loan Payment due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event shall be delivered to the Credit Enhancer in reimbursement of the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpaymentConfirmation. (c) Except The Developer agrees that, if applicable, upon any date of calculation of the Rebate Amount for any period, if the sum of the amounts on deposit in the Rebate Fund (plus any payments made to the United States, if moneys representing any portion of the Rebate Amount for such interest period have been paid to the United States under Section 5.09 of the Borrower Indenture) does not equal or exceed the Rebate Amount, the Developer will deposit in the Rebate Fund moneys sufficient to cause the amounts on deposit in the Rebate Fund, plus any investment earnings on deposit in the various funds and accounts created under the Indenture (plus amounts paid to the United States with respect to the Rebate Amount for such period) to equal the Rebate Amount, such Developer deposit to be made on or before the Business Day identified in the notice of any such deficiency delivered to the Developer. (d) The Developer agrees to pay, in addition to the amounts payable under the Note, on the date such amounts are due hereunder or under the Indenture, (i) to the Originator/Servicer, the Originator/Servicer's Fee, (ii) to the Rebate Analyst, the Rebate Analyst's Fees, (iii) the fees of the Tender Agent and the Remarketing Agent, (iv) the annual fees of any rating agency whose rating on the Bonds is then in effect, and (v) to the Trustee for the account of the Agency, the Agency's Fee (which includes the Trustee's Fee, the Rebate Analyst's Fee and Audit Expense), Trustee's Expenses and costs of issuance, for such actions as may hereafter arise be reasonable and as may be required to effectuate the purposes of, and to fulfill the duties and obligations of the Agency set forth in the Loan documents and the Indenture. Any amounts required to be paid under this Section 4.02(d) that are not paid on the date when due shall bear interest at the rate of eighteen percent (18%) per annum from the due date thereof until the date paid in full, and a late fee equal to five percent (5%) of any fees, costs and expenses not paid on the due date thereof as reimbursement for the estimated costs and expenses incurred as a result of such late payment and not as a penalty. (e) The obligation of the Developer to make the Loan payments required to be made hereunder (including payments due by reason of acceleration of the Developer's obligations hereunder pursuant to Section 510 Article VII hereof), shall be absolute and unconditional, and shall not be subject to abatement, diminution, postponement or deduction, or to any defense other than payment or to any right of set-off, counterclaim or recoupment arising out of any breach under this Agreement, the Indenture, the Borrower and Credit Enhancement, the Issuer each acknowledge that neither Confirmation or otherwise by the Borrower nor Agency, the Issuer has Credit Enhancer, the Confirming Bank, the Trustee, any interest in owner of Bonds or any other person, or out of any obligation or liability at any time owing to the Revenue Fund or Developer by any of the Debt Service Fund and any moneys deposited therein foregoing. Nothing herein contained, however, shall be interpreted to abridge the right of the Developer to seek judicial remedy for any breach of covenant or contract in a separate legal proceeding; provided, that all of the custody foregoing shall be subject to Section 8.10 hereof. (f) It is understood and agreed that the Credit Enhancement in place as of the Closing Date is a direct-pay letter of credit and held will be drawn upon by the Trustee in trust accordance with its terms, each time a payment of principal or interest or both (but excluding any premium) is due on the Bonds, whether in the normal course or upon acceleration, redemption or maturity, including draws on the Credit Enhancement to the extent necessary for the benefit payment of the Bondowners and Purchase Price due on any Bond presented for purchase pursuant to the Indenture; provided, however, that the Credit Enhancer's obligation to pay under the Credit Enhancement is an independent and separate obligation, even though payment thereunder shall be in satisfaction of the Developer's obligation hereunder and under the Note. (g) It is further understood that the Confirmation in place as of the date of execution and delivery of this Agreement will be drawn upon by the Trustee in accordance with its terms upon the wrongful failure or refusal by the Credit Enhancer to honor its obligations under the Credit Enhancement; provided, however, that the obligation of the Confirming Bank to pay under the Confirmation is an independent and separate obligation, even though payment thereunder shall be in satisfaction of the Developer's obligation hereunder and under the Note.

Loan Payments. The Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower covenants and agrees during the Loan Term to make Payment of all Loan Payments shall be made and deposited so as to fund payment on the Trustee at its Principal OfficeBonds as required by the Indenture, for the account including all such payments which may come due because of the Issueracceleration of the maturity or maturities of the Bonds upon default, call for redemption, purchase or deemed purchase, or otherwise, under the provisions of the Indenture. If any available funds in excess of current requirements are held on deposit in the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Bond Fund at the time payment of any Loan Payment Dateis due, the amount of such payment being as follows: (i) of Loan Payment shall be reduced by the amount of the principalavailable funds so held on deposit, if any, to the benefit of the Bonds due and payable Company. The Loan Payments, together with available funds held on such Loan Payment Datedeposit in the Bond Fund, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount except funds held therein for payment of interest matured installments of principal on the Bonds or interest payable thereon, shall be sufficient to pay when due and payable on such Loan Payment Date; (iii) the amount of all principal of, redemption premium, if any, on and interest on, and Purchase Price of, the Bonds. The Company shall have the right to prepay or cause to be prepaid all or a portion of each Loan Payment at any time, and shall be obligated to do so in a timely manner if and to the extent the Company requests redemption or prepayment of the Bonds. Any such prepayment by the Company shall not relieve it of liability for each remaining Loan Payment with respect to the Outstanding Bonds except as provided in this Agreement and the Indenture. In the event the Company should fail to make any of the payments required in this Section 5.03, the amount so in default shall continue as an obligation of the Company until such amount in default shall have been fully paid, and the Company agrees to pay the same with interest thereon to the extent permitted by law at the rate of interest borne by the Bonds at the time of such failure from the due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III of the Indenturedate thereof until paid. (b) The Notwithstanding any provisions of this Agreement to the contrary, any amounts received drawn by the Trustee under the any Credit Facility shall be credited against the Loan Payment due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event shall be delivered to the Credit Enhancer in reimbursement obligations of the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned Company to the Borrower as an overpaymentmake Loan Payments. (c) Except for such interest of the Borrower as may hereafter arise pursuant to Section 510 of the Indenture, the Borrower and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit of the Bondowners and the Credit Enhancer.

Loan Payments. All payments of interest, principal and all other amounts owing hereunder or under the Notes shall be made by the Borrower to the Agent in immediately available funds at its principal office in Cincinnati, Ohio or at such other place as the Agent may designate in writing, at such times as shall be set forth herein or in the Notes or if not so set forth, such amounts shall be payable on demand. Borrower hereby authorizes Agent, at Agent's option, to charge any account or change or increase any Loan balance of Borrower at Agent for the payment or repayment of any interest or principal of the Loans or any fees, charges or other amounts due to Agent hereunder. Agent shall be permitted to apply funds in the Cash Collateral Account to the Obligations in such order of payment as it deems appropriate. The Borrower shall pay make each payment to be made by the following Borrower under this Agreement and under the Notes with respect to principal of, interest on, and other amounts relating to Advances, not later than 12:00 noon (Cleveland, Ohio time) on the day when due by deposit of such immediately available funds to the TrusteeAgent's account maintained at the location for notices set forth in Section 14.6 of this Agreement for application to the Borrower's Loan Account. Payments received after 12:00 noon (Cleveland, all as “Loan Payments” Ohio time) shall be deemed to have been received on the next succeeding Business Day. After receipt of any such payment, the Agent will promptly cause to be distributed like funds relating to the payment of principal or interest or commitment fees or other fees (other than amounts payable pursuant to this Agreement solely to the Agent and amounts payable pursuant to this Agreement solely to the Letter of Credit Lender) or amounts which may be received in respect of the Obligations of the Borrower under this Loan Agreement: (a) The Borrower covenants and agrees during Agreement ratably to each of the Loan Term to make Loan Payments to the Trustee at its Principal Office, Lenders for the account of its respective Lending Office, and like funds relating to the Issuer, for deposit in the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount of such payment being as follows: (i) the amount of the principal, if any, of the Bonds due and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount of interest on the Bonds due and payable on such Loan Payment Date; (iii) the amount of redemption premium, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required other amount payable to be purchased on any Lender to such Loan Payment Date pursuant to Article III of the Indenture. (b) The amounts received by the Trustee under the Credit Facility shall be credited against the Loan Payment due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event shall be delivered to the Credit Enhancer in reimbursement of the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpayment. (c) Except for such interest of the Borrower as may hereafter arise pursuant to Section 510 of the Indenture, the Borrower and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust Lender for the benefit account of the Bondowners and the Credit Enhancerits Lending Office.

Loan Payments. The Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower covenants shall make a payment to Lender of interest only (calculated using the Closing Date as the Determination Date) on the Closing Date for the period from the Closing Date through and agrees including the next succeeding fourteenth (14th) day of a calendar month, whether such fourteenth (14th) day shall occur in the calendar month in which the Closing Date occurs or in the month immediately succeeding the month in which the Closing Date occurs (unless the Closing Date is the fifteenth (15th) day of a calendar month, in which case no such separate payment of interest shall be due). Each interest accrual period (the “Interest Period”) thereafter shall commence on the fifteenth (15th) day of each calendar month during the term of the Loan Term to make and shall end on and include the fourteenth (14th) day of the next occurring calendar month. No Interest Period shall be shortened by reason of any payment of the Loan Payments prior to the Trustee at its Principal Office, for the account of the Issuer, for deposit in the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount expiration of such payment being as follows: (i) the amount of the principal, if any, of the Bonds due and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount of interest on the Bonds due and payable on such Loan Payment Date; (iii) the amount of redemption premium, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III of the IndentureInterest Period. (b) The amounts received by On each Monthly Payment Date throughout the Trustee under term of the Credit Facility Loan, Borrower shall make a payment to Lender of interest accruing on the outstanding principal balance of the Loan during the Interest Period in which such Monthly Payment Date occurs (each such payment, a “Monthly Debt Service Payment”), which payments shall be credited against the Loan Payment due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower applied to accrued and held by the Trustee in such event shall be delivered to the Credit Enhancer in reimbursement of the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpaymentunpaid interest. (c) Except for such interest Borrower shall pay to Lender on the Maturity Date the outstanding principal balance of the Loan, all accrued and unpaid interest and all other amounts due hereunder and under the Note, the Security Instrument and the other Loan Documents. (d) If any principal, interest or any other sum due under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower as may hereafter arise pursuant on the date on which it is due, Borrower shall pay to Section 510 Lender upon demand an amount equal to the lesser of (i) five percent (5%) of such unpaid sum and (ii) the maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the Indenture, use of such delinquent payment. Any such amount shall be secured by the Borrower Security Instrument and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit of the Bondowners and the Credit Enhancerother Loan Documents.

Loan Payments. The In consideration of and in repayment of the Loan, the Borrower shall make, as Loan Payments, payments which correspond, as to amounts and due dates, to the Bond Service on the Bonds; provided that, except to the extent that the Participating Bank shall otherwise stipulate by written notice delivered to the Issuer, the Trustee and the Bank, such payments shall be made in advance as set forth below in this Section. Amounts received upon a drawing by the Trustee under the Letter of Credit for the payment of Bond Service shall be credited against the Loan Payments otherwise payable by the Borrower corresponding to such Bond Service; provided that the Bank and, if applicable, the Participating Bank have been fully reimbursed for such drawing by the Borrower. To provide funds to pay the following amounts Bond Service as and when due as specified above, the Borrower shall make the Loan Payments on or before the Business Day next preceding the first Business Day of each month in an amount equal to the Trusteeinterest due on the Bonds on the Interest Payment Date for such month, all while the Bonds bear interest at a Weekly Rate, or in an amount equal to 1/6 of the interest due on the Bonds on the next Interest Payment Date while the Bonds bear interest at a Term Rate, taking into account funds held in the General Account of the Bond Fund under the Indenture which would be available for such purposes. In addition, to provide funds to pay the principal of and premium, if any, and interest on the Bonds as “and when due at any other time, the Borrower hereby agrees to make and shall make Loan Payments” under this Loan Agreement: Payments at least one Business Day (aor earlier if required by the Indenture) prior to the date when such principal, premium, if any, and interest is due and payable. The Borrower covenants and agrees during the Loan Term foregoing requirement to make Loan Payments in advance of the corresponding dates for payment of the principal of and interest on the Bonds may be waived if and to the extent stipulated by the Participating Bank by written notice delivered to the Issuer, the Trustee and the Bank; provided that in no event shall Loan Payments be made later than such corresponding dates. It is the intention of the Issuer and the Borrower that, notwithstanding any other provision of this Agreement, the Trustee, as assignee of the Issuer, shall receive funds from or on behalf of the Borrower (taking into account such credits for amounts drawn on the Letter of Credit) in such amounts and at such times as will enable the Issuer to pay when due all of its Bond Service on the Bonds and any obligations arising under Section 4.3 and any such obligations surviving the payment of the Bonds. All Loan Payments shall be payable in lawful money of the United States of America and shall be made by, or on behalf of the Borrower, to the Trustee at its Principal Office, Office for the account of the Issuer, for deposit Issuer and deposited in the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount of such payment being as follows: (i) the amount General Account of the principal, if any, of Bond Fund created by the Bonds due Indenture. Such Loan Payments shall be applied as provided in the Indenture. The Borrower shall be entitled to credits against the Loan Payments as and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (iithe extent provided in Subsection 5.04(f) the amount of interest on the Bonds due and payable on such Loan Payment Date; (iii) the amount of redemption premium, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III of the Indenture. (b) The amounts received by the Trustee under the Credit Facility shall be credited against the Loan Payment due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event shall be delivered to the Credit Enhancer in reimbursement of the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpayment. (c) Except for such interest of the Borrower as may hereafter arise pursuant to Section 510 of the Indenture, the Borrower and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit of the Bondowners and the Credit Enhancer.

Loan Payments. 3.5.1 On each Monthly Payment Date, the Borrower shall make a payment to Lender equal to one hundred percent (100%) of Surplus Cash, which such payment shall be applied first to all accrued and unpaid interest due under the Note and then to the principal balance thereof; notwithstanding the foregoing, the failure of Borrower to make a payment of all then accrued and unpaid interest under the Note on any Monthly Payment Date shall be not an Event of Default in the event there is insufficient Surplus Cash to make such payment in full. Any interest which is not so paid hereunder shall accrue and be due and payable in full on the Maturity Date. 3.5.2 The Loan is subject to a mandatory prepayment as provided in Section 7.1.17(c)(vi). In addition, the proceeds of any Indebtedness incurred by Borrower after the Closing Date shall be applied to repayment of the Loan (PROVIDED, HOWEVER, that this sentence shall not be deemed to permit the incurrence of any such Indebtedness by Borrower). 3.5.3 The Borrower shall pay to Lender on the following Maturity Date the outstanding principal balance of the Loan, all accrued and unpaid interest and all other amounts due hereunder and under the Note and the other Loan Documents. 3.5.4 Any sums that otherwise would be payable to the Trustee, all as “Borrower or distributable to the Borrower in connection with the refinancing or other payoff of the Mortgage Loan Payments” under this Loan Agreement: permitted hereunder (aincluding any refund of reserves on deposit with Mortgage Lender) The shall be immediately remitted by the Borrower covenants and agrees during to Lender up to the amount necessary to fully repay the Loan Term to make Loan Payments including all interest accrued to the Trustee at its Principal Office, for the account date of the Issuer, for deposit in the Revenue Fund, in federal or prepayment and any other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount of such payment being as follows: (i) the amount of the principal, if any, of the Bonds sums then due and payable on such by the Loan Payment Date, whether at stated maturity, by redemption prior Parties to maturity or acceleration or otherwise;Lender. (ii) the 3.5.5 Any amount of interest on the Bonds due borrowed and payable on such Loan Payment Date; (iii) the amount of redemption premium, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III repaid hereunder in respect of the IndentureObligations may not be reborrowed. (b) The amounts received by the Trustee under the Credit Facility shall be credited against the Loan Payment due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event shall be delivered to the Credit Enhancer in reimbursement of the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpayment. (c) Except for such interest of the Borrower as may hereafter arise pursuant to Section 510 of the Indenture, the Borrower and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit of the Bondowners and the Credit Enhancer.

Loan Payments. Borrower undertakes to repay the Loan, interest and other amounts due under this Agreement by timely monthly Loan Payments. Loan Payments shall be made by the first date of the month following month for which the payment is due. All Loan Payments shall be made in USD to Lender’s bank account specified below: Account number: Bank: JSC “Latvijas Unibanka”, Bank Code: UNLA LV 2X. Lender is entitled to require payment to a different bank account by giving a minimum of fifteen days prior written notice to Borrower. Loan Payments shall be made in the order specified below: All calculations under this Agreement shall be made in USD and based on 360-day year of 12 months, 30 days in each month. Any payment to be made by Borrower under this Agreement shall be considered as made when funds have been received in the Lender’s bank account. If Borrower wishes to make Loan Payments for future months before the due date of the payment, Borrower shall notify the Lender before any such payment, otherwise any funds received in excess of the current Loan Payments shall be applied as prepayment of Principal in accordance with Section 7 of this Loan Agreement. The Lender has the right to review the Amortisation Schedule and change amount or terms of Loan Payments if: Adjustable Interest Rate is changed pursuant to Section 4 of this Loan Agreement; The actual amount of Principal and interest outstanding differs from that calculated under this Agreement due to variation in the Borrower’s Loan Payments. Lender shall be entitled to increase the monthly Loan Payment amount in order to make all the amounts due pursuant to this Agreement repaid by the Loan Term. The actual amounts or terms of disbursements differ from the amount or terms used in preparation of this Agreement and initial Schedule; Any change in applicable laws or regulations shall make Loan Payments subject to any taxes or withholdings or increase the rate of taxation. Loan Payments shall be increased by the necessary amount to make the net amounts received by Lender equal to the Loan Payments under this Agreement. If Loan Payments are changed pursuant to paragraphs 5.7.2-5.7.4., Lender shall send to Borrower the revised Schedule which becomes effective as of the date of its issuance. The Schedule shall be deemed received by Borrower within five days of its issuance. Borrower shall make Loan Payments in accordance with the most recent Schedule issued by Lender. All payments made by Borrower will be applied first to costs and expenses incurred by Xxxxxx as a result of this Agreement, then to penalties and default interest, then to late interest, then to late Principal, then to current interest and then to current Principal. When making any Loan Payment, Borrower shall indicate the loan identification number of this Agreement as provided by Xxxxxx. If Lender has received a payment which can not be identified, the particular payment is deemed to be unpaid until it is identified, and Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower covenants and agrees during the Loan Term to make Loan Payments to the Trustee at its Principal Office, for the account of the Issuer, for deposit applicable penalties in the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount of such payment being as follows: (i) the amount of the principal, if any, of the Bonds due and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount of interest on the Bonds due and payable on such Loan Payment Date; (iii) the amount of redemption premium, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III of the Indenturemanner provided below. (b) The amounts received by the Trustee under the Credit Facility shall be credited against the Loan Payment due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event shall be delivered to the Credit Enhancer in reimbursement of the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpayment. (c) Except for such interest of the Borrower as may hereafter arise pursuant to Section 510 of the Indenture, the Borrower and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit of the Bondowners and the Credit Enhancer.

Loan Payments. The In consideration of and in repayment of the Loan, the Borrower shall make, as Loan Payments, payments which correspond, as to amounts and due dates, to the Bond Service on the Bonds; provided that, except to the extent that the Participating Bank shall otherwise stipulate by written notice delivered to the Issuer, the Trustee and the Bank, such payments shall be made in advance as set forth below in this Section. Amounts received upon a drawing by the Trustee under the Letter of Credit for the payment of Bond Service shall be credited against the Loan Payments otherwise payable by the Borrower corresponding to such Bond Service; provided that the Bank and, if applicable, the Participating Bank have been fully reimbursed for such drawing by the Borrower. To provide funds to pay the following amounts Bond Service as and when due as specified above, the Borrower shall make the Loan Payments on or before the Business Day next preceding the first Business Day of each month in an amount equal to the Trusteeinterest due on the Bonds on the Interest Payment Date for such month, all while the Bonds bear interest at a Weekly Rate, or in an amount equal to 1/6 of the interest due on the Bonds on the next Interest Payment Date while the Bonds bear interest at a Term Rate and, commencing on the last Business Day of April 1995, in an amount equal to 1/12 of the next payment of principal of the Bonds due by mandatory sinking fund redemption or at maturity, taking into account funds held in the General Account of the Bond Fund under the Indenture which would be available for such purposes. In addition, to provide funds to pay the principal of and premium, if any, and interest on the Bonds as “and when due at any other time, the Borrower hereby agrees to make and shall make Loan Payments” under this Loan Agreement: Payments at least one Business Day (aor earlier if required by the Indenture) prior to the date when such principal, premium, if any, and interest is due and payable. The Borrower covenants and agrees during the Loan Term foregoing requirement to make Loan Payments in advance of the corresponding dates for payment of the principal of and interest on the Bonds may be waived if and to the extent stipulated by the Participating Bank by written notice delivered to the Issuer, the Trustee and the Bank; provided that in no event shall Loan Payments be made later than such corresponding dates. It is the intention of the Issuer and the Borrower that, notwithstanding any other provision of this Agreement, the Trustee, as assignee of the Issuer, shall receive funds from or on behalf of the Borrower (taking into account such credits for amounts drawn on the Letter of Credit) in such amounts and at such times as will enable the Issuer to pay when due all of its Bond Service on the Bonds and any obligations arising under Section 4.3 and any such obligations surviving the payment of the Bonds. All Loan Payments shall be payable in lawful money of the United States of America and shall be made by, or on behalf of the Borrower, to the Trustee at its Principal Office, Office for the account of the Issuer, for deposit Issuer and deposited in the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount of such payment being as follows: (i) the amount General Account of the principal, if any, of Bond Fund created by the Bonds due Indenture. Such Loan Payments shall be applied as provided in the Indenture. The Borrower shall be entitled to credits against the Loan Payments as and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (iithe extent provided in Subsection 5.04(f) the amount of interest on the Bonds due and payable on such Loan Payment Date; (iii) the amount of redemption premium, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III of the Indenture. (b) The amounts received by the Trustee under the Credit Facility shall be credited against the Loan Payment due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event shall be delivered to the Credit Enhancer in reimbursement of the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpayment. (c) Except for such interest of the Borrower as may hereafter arise pursuant to Section 510 of the Indenture, the Borrower and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit of the Bondowners and the Credit Enhancer.

Loan Payments. The Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower covenants and agrees during the Loan Term to make Loan Payments shall pay to the Trustee at its Principal OfficeBank, for the account on behalf of the IssuerAuthority, for deposit in the Revenue Fundfollowing sums as loan payments hereunder at the following times, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount of such payment being as follows: (i) on each Interest Payment Date during the term of this Agreement, an amount which is sufficient to pay the interest then due on the Bond. The amount of interest due shall be determined by the Bank and shall be deducted by the Bank from the Borrower’s deposit account held by the Bank. The Bank shall provide the Borrower with written notice of such deduction and the amount of thereof within ten (10) days after the principal, if any, of the Bonds due and payable on such Loan Interest Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount of interest on the Bonds due and payable on such Loan Payment Date;maturity date of the Bond, the principal amount thereof then maturing; and (iii) on the amount of redemption premium, dates established for the Bond to be redeemed pursuant to Section 6.1 hereof (if any), on an amount equal to the Bonds redemption price due and payable on such Loan Payment Date; and (ivdate, including as part of such redemption price any additional amount payable in accordance with Section 6.1(f) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III of the Indenturehereof. (b) The amounts received by In any event, the Trustee sum of the loan payments payable under the Credit Facility this Section 8.1 shall be credited against sufficient to pay the Loan Payment total amount due with respect to such principal and interest (including but not limited to interest and late charges payable pursuant to the Bond on any overdue amount) on the applicable Loan Payment Date. Any Loan Payment made by Bond, as and when due, and the Borrower and held by the Trustee in such event shall be delivered forthwith pay any deficiency to the Credit Enhancer in reimbursement Bank. If at any time the Bond has been fully paid and discharged within the meaning of the amounts so received by the Trustee under the Credit Facilityterms hereof, and any excess shall be returned to the Borrower as an overpaymentshall not be obligated to make any further payments under this Section. (c) Except for such interest Payment by the Borrower of the Borrower as may hereafter arise pursuant loan payments set forth above shall be made by check, by bank wire transfer in immediately available funds to Section 510 such account of the Indenture, Bank as the Bank shall designate or by debit of a deposit account maintained by the Borrower with the Bank, in any case as the Bank and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit of the Bondowners and the Credit Enhanceragree.

Loan Payments. The (a) On the Payment Date occurring in December, 2004 and on each Payment Date thereafter, Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower covenants and agrees during the Loan Term to make Loan Payments to the Trustee at its Principal Office, for the account of the Issuer, for deposit Lender a monthly payment in the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount of such payment being as follows: $349,232.28 (the “Base Payment”), which amount is based on the Interest Rate and a 360-month amortization schedule; provided, however, that Borrower shall pay to Lender on the Closing Date (i) interest for the amount first Interest Accrual Period (unless the Closing Date is the sixth (6th) day of a calendar month, in which case no separate payment of interest shall be due on the principal, if any, of the Bonds due Closing Date) and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the Base Payment for the second Interest Accrual Period of the Loan, which amount of interest on shall be credited against the Bonds Base Payment due and payable on such Loan Payment Date; (iii) the amount of redemption premium, if any, by Borrower on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III of the Indentureoccurring in December, 2004. (b) The amounts received by At any time prior to the Trustee under Start-Up Day, Lender shall have the Credit Facility right to change the Payment Date to a date other than the sixth (6th) day of each calendar month (the “New Payment Date”) on thirty (30) days notice to Borrower; provided, however, that any such change in the Payment Date: (i) shall not modify the amount of regularly scheduled monthly principal and interest payments, except that the first payment of principal and interest payable on the New Payment Date shall be credited against accompanied by interest at the Loan Interest Rate for the period from the Payment due on Date in the applicable Loan month in which the New Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event shall be delivered Date first occurs to the Credit Enhancer in reimbursement of New Payment Date and (ii) shall extend the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned Maturity Date to the Borrower as an overpaymentNew Payment Date occurring in the calendar month set forth in the definition of Maturity Date. (c) Except The Loan shall mature on the Maturity Date, on which date Borrower shall pay to Lender the Indebtedness. (d) If Borrower fails to pay any sums due under the Loan Documents on the date when the same is due, Borrower shall pay to Lender upon demand a Late Charge. (e) All payments made by Borrower under this Agreement and under the other Loan Documents shall be made free and clear of, and without deduction or withholding for or on account of, any present or future stamp or other taxes, levies, imposts, duties, charges, fees, deductions or withholdings, and all liabilities with respect thereto, now or hereafter imposed, levied, collected, withheld or assessed by any Governmental Authority excluding (i) income, franchise or similar taxes (including branch profits taxes or alternative minimum tax) imposed or levied on Lender as a result of a present or former connection between Lender and the jurisdiction of the Governmental Authority imposing such tax or any political subdivision or taxing authority thereof or therein (other than any such connection arising solely from such Lender having executed, delivered or performed its obligations or received a payment under, or enforced, this Agreement) and (ii) in the case of any Foreign Lender, any taxes that are in effect and that would apply to a payment hereunder or under any other Loan Document made to such Foreign Lender as of the date such Foreign Lender becomes a party to this Agreement, or in the case of any other Lender which changes its lending office with respect to the Loan to an office outside the United States, any taxes that are in effect and would apply to a payment to such Lender as of the date of the change of the lending office (all such non-excluded taxes, levies, imposts, duties, charges, fees, deductions, withholdings and liabilities, collectively, “Applicable Taxes”). If Borrower shall be required by law to deduct any Applicable Taxes from or in respect of any sum payable hereunder to Lender, the following shall apply: (i) Borrower shall make all such required deductions, (ii) the sum payable to Lender shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 2.3(e)), Lender receives an amount equal to the sum Lender would have received had no such deductions been made and (iii) Borrower shall pay the full amount deducted to the relevant taxing authority or other authority in accordance with applicable law. Payments made pursuant to this Section 2.3(e) shall be made within ten (10) Business Days after Lender makes written demand therefor. (f) Lender and any subsequent holder of the Note or Person entitled to payment thereon hereby represents and warrants to Borrower that no withholding tax is applicable to any payments made to it in connection with the Note or any of the other Loan Documents. Without limiting the foregoing, on or prior to the date that Lender or any other subsequent holder of the Note (collectively, a “Noteholder”) becomes a Noteholder hereunder, (i) each such Noteholder that is organized under the laws of a jurisdiction outside of the United States within the meaning of the Code (each a “Foreign Lender”) shall deliver to Borrower (a) two duly completed and signed copies of either Internal Revenue Service Form W-8BEN (claiming an exemption from or a reduction in U.S. withholding tax under an applicable treaty) or its successor form or Form W-8ECI (claiming an exemption from U.S. withholding tax as effectively connected income) or its successor form and related applicable forms, as the case may be; or (b) in the case of a Foreign Lender that is not a “bank” within the meaning of Section 881(c)(3)(A) of the Code and that cannot comply with the requirements of clause (i)(a) hereof, (x) a statement to the effect that such Lender is eligible for a complete exemption from withholding of U.S. taxes under Code Section 871(h) or 881(c), and (y) two duly completed and signed copies of Internal Revenue Service Form W-8BEN or successor and related applicable forms, or (ii) each such Noteholder that is not a Foreign Lender shall deliver to the Borrower two duly signed completed copies of Internal Revenue Service Form W-9. Thereafter and from time to time, each such Noteholder shall (i) promptly submit to Borrower such additional duly completed and signed copies of one of such forms (or such successor forms as shall be adopted from time to time by the relevant United States taxing authorities) as may then be available under then current United States laws and regulations to avoid, or such evidence as is satisfactory to Borrower of any available exemption from or reduction of, United States withholding taxes in respect of all payments to be made to such Noteholder pursuant to the Loan Documents, (ii) promptly notify Borrower of any change in circumstances which would modify or render invalid any claimed exemption or reduction, and (iii) take such steps as shall not be materially disadvantageous to it, in the reasonable judgment of such Noteholder, and as may be reasonably necessary to avoid any Legal Requirement of Borrower to make any deduction or withholding for taxes, including Applicable Taxes, from amounts payable to such Noteholder. If such Noteholder fails to deliver the above forms or other documentation, or if the forms or other documentation delivered by such Noteholder indicate that any payments made to such Noteholder pursuant to the Loan Documents are subject to a reduced rate of tax, then (i) Borrower may withhold from any interest payment to such Noteholder an amount equivalent to the applicable withholding tax imposed by the Code or the applicable treaty, without reduction, and such Noteholder shall not be entitled to additional amounts or indemnification for such interest withholding hereunder and (ii) such Noteholder shall indemnify Borrower for any charges or penalties assessed against Borrower for Borrower’s failure to make any deduction of withholdings for taxes from amounts payable to Noteholder under the Borrower as may hereafter arise pursuant to Section 510 of the Indenture, the Borrower and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit of the Bondowners and the Credit EnhancerLoan Documents.

Loan Payments. The Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower covenants and agrees during shall make a payment to Lender of interest only on the Loan Term to make Loan Payments to the Trustee at its Principal Office, Closing Date for the account period from (and including) the Closing Date through (and including) the fourteenth (14th) day of the Issuer, for deposit in the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount of such payment being as follows: either (i) the amount month in which the Closing Date occurs (if the Closing Date occurs on or before the fourteenth (14th) day of the principalsuch month), if any, of the Bonds due and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount month following the month in which the Closing Date occurs (if the Closing Date occurs on or after the fifteenth (15th) day of the then current calendar month); provided, however, if the Closing Date is the fourteenth (14th) day of a calendar month, no such separate payment of interest on the Bonds due and payable on such Loan Payment Date; (iii) shall be due. Borrower shall make a payment to Lender of interest in the amount of redemption premiumthe Monthly Debt Service Payment Amount on the First Monthly Payment Date and on each Monthly Payment Date occurring thereafter to and including the Maturity Date. Notwithstanding the foregoing, if any, the Loan is funded into escrow prior to the Closing Date then interest shall accrue on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III outstanding principal balance of the IndentureLoan from and including the date of such deposit into escrow. (b) The On the First Monthly Payment Date and on each Monthly Payment Date occurring thereafter, so long as no Trigger Period then exists (and in which case, Section 9.1(b) and Section 9.3 hereof shall apply), Borrower shall cause Mortgage Borrower to pay to Mortgage Administrative Agent an amount equal to all Excess Cash Flow (after (x) all required expenses or reserves including Ground Rent, Taxes, Insurance Premiums, Debt Service (as defined in the Mortgage Loan Agreement), Replacements, leasing allowances or costs and management fees (in each case, incurred in compliance with this Agreement), (y) Mortgage Borrowers’ share of any Required REIT Distributions and (z) all other amounts received by the Trustee due and payable under the Credit Facility shall be credited against Mortgage Loan and Operating Expenses, any other amounts due and owing to Mortgage Administrative Agent and/or servicer under the Mortgage Loan pursuant to the terms of the Mortgage Loan Agreement and/or of the other Mortgage Loan Documents and Debt Service under the Loan Documents have been so expended solely for such purposes) accumulated during the calendar month ended prior to such Monthly Payment due Date to be applied in accordance with Sections 2.6(b) and 2.7(a) of the Mortgage Loan Agreement. For the avoidance of doubt, Mortgage Administrative Agent shall allocate such Excess Cash Flow between the Mortgage Loan and the Loan on a pro rata basis based on the applicable Loan Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event shall be delivered to the Credit Enhancer in reimbursement amount of the amounts so received by Mortgage Loan and the Trustee under amount of the Credit Facility, and any excess shall be returned to the Borrower as an overpaymentLoan. (c) Except for such interest Borrower shall pay to Lender on the Maturity Date the outstanding principal balance of the Loan, all accrued and unpaid interest and all other amounts due hereunder and under the Note, the Pledge Agreement and the other Loan Documents (including, without limitation, the Interest Shortfall). (d) If any principal, interest or any other sum due under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower as may hereafter arise pursuant on the date on which it is due, Borrower shall pay to Section 510 Lender upon demand an amount equal to the lesser of three percent (3%) of such unpaid sum or the maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the Indentureuse of such delinquent payment. Any such amount shall be secured by the Pledge Agreement and the other Loan Documents. (e) Except as otherwise specifically provided herein, all payments and prepayments under this Agreement and the Note shall be made to Lender not later than 3:00 P.M., New York City time, on the date when due and shall be made in lawful money of the United States of America in immediately available funds at Lender’s office, and any funds received by Lender after such time shall, for all purposes hereof, be deemed to have been paid on the next succeeding Business Day. (f) Whenever any payment to be made hereunder or under any other Loan Document shall be stated to be due on a day which is not a Business Day, the due date thereof shall be deemed to be the immediately preceding Business Day. (g) All payments required to be made by Borrower and hereunder or under the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund Note or the Debt Service Fund and any moneys deposited therein other Loan Documents shall be in made irrespective of, and without deduction for, any setoff, claim or counterclaim and shall be made irrespective of any defense thereto. (h) Borrower shall pay to Lender the custody Make-Whole Amount upon the earlier of and held by the Trustee in trust for the benefit an Event of Default or repayment or prepayment of the Bondowners and the Credit EnhancerLoan in full.

Loan Payments. The Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The indebtedness of each Borrower covenants and agrees during for Advances under the Loan Term to make Loan Payments to and outstanding letter of credit obligations shall be evidenced by the Trustee Notes executed by an Authorized Representative of each Borrower. All Advances shall bear interest at its Principal Officethe Libor Daily Floating Rate plus 2.40%, for as the account Libor Daily Floating Rate may change on a daily basis. The terms and provisions of the Issuer, Notes are incorporated herein as if fully set forth in this Agreement and the executed Notes shall be deemed a part of this Agreement for deposit in all purposes. All accrued interest shall be payable the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on first Business Day of each Loan Payment Date, the month. The outstanding principal amount of such payment being as follows: (i) the amount of the principal, if any, of the Bonds due and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount of all Obligations together with unpaid accrued interest shall be paid in full on the Bonds due and payable on such Loan Payment Termination Date; (iii) the amount of redemption premium, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III of the Indenture. (b) The amounts received by Each Borrower agrees that the Trustee under Bank has authority to debit the Credit Facility shall be credited against the Loan Payment amount due on the applicable Loan Payment Date. Any Loan Payment made first Business Day of each month from Borrower’s deposit account number as furnished to Bank, or such other account with the Bank as designated by the Borrower and held by the Trustee Borrowers in such event shall be delivered to the Credit Enhancer in reimbursement of the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpaymentwriting. (c) Except Each Borrower shall, on demand by the Bank, pay to the Bank interest on all sums (including but without limitation any lawful default interest) not paid on their respective due dates under this Agreement or under such Borrower’s Note (without taking into account any grace periods in Section 6) from the due date up to the date of actual payment (as well after as before judgment) at the Default Rate. In the case of a partial payment by a Borrower, the Bank may appropriate such payment towards such of the obligations of such Borrower under this Agreement as the Bank may decide. Each Borrower waives any right to make an appropriation in respect of a partial payment. Any appropriation by the Bank shall apply to the exclusion of any actual or purported appropriation by any Borrower. Save as otherwise provided in this Agreement, if any payment would otherwise be due on a day which is not a Business Day, the next following Business Day shall be substituted for such interest day. (d) The direct Obligations of CNU hereunder as to Facility A and under the Borrower Facility A Note are several from the direct Obligations of MDHC hereunder as may hereafter arise pursuant to Section 510 of Facility B and under the Indenture, the Borrower and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit of the Bondowners and the Credit EnhancerFacility B Note.

Loan Payments. The Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower covenants and agrees during the Loan Term to make Loan Payments shall bear interest at a rate per annum equal to the Trustee at its Principal OfficeLIBOR Rate or the Static LIBOR Rate, for as applicable (the account of the Issuer, for deposit in the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount of such payment being as follows: (i) the amount of the principal, if any, of the Bonds due and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount of interest "NOTE RATE"). Interest shall be computed based on the Bonds due and payable on such Loan Payment Date; daily rate produced assuming a three hundred sixty (iii360) day year, multiplied by the amount actual number of redemption premiumdays elapsed. Except as otherwise set forth in this Agreement, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to interest shall be purchased on such Loan Payment Date pursuant to Article III of the Indenturepaid in arrears. (b) The amounts received by the Trustee Borrower hereby agrees to pay sums due under the Credit Facility Note as follows: An initial payment of $125,000.00 is due on July 9, 2003 for interest from the date on which the Loan is funded by Lender into escrow through and including July 14, 2003. Thereafter, except as may be adjusted in accordance with Section 2.3(c), consecutive monthly installments of interest calculated at the applicable Note Rate for the applicable Interest Period shall be credited against payable pursuant to the terms of Section 2.3(d) (the "MONTHLY PAYMENT AMOUNT") on each Payment Date. Borrower shall pay to Lender on the Maturity Date the outstanding principal balance, all accrued and unpaid interest and all other amounts due hereunder and under the Note, the Mortgage and other Loan Payment Documents. The accrued and unpaid interest due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event Maturity Date shall be delivered to calculated for the Credit Enhancer in reimbursement of full final Interest Period, notwithstanding that such Interest Period may extend beyond the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpaymentMaturity Date. (c) Except All interest shall be computed on the basis of a three hundred sixty (360) day year and paid for the actual number of days elapsed in an Interest Period (including the first day but excluding the last day of an Interest Period). Lender shall determine the Note Rate applicable to the Debt in accordance with this Agreement and its determination thereof shall be conclusive in the absence of manifest error. The books and records of Lender shall be prima facie evidence of all sums owing to Lender from time to time under this Agreement, but the failure to record any such information shall not limit or affect the obligations of Borrower under the Loan Documents. (d) Each payment by Borrower hereunder or under the Note shall be payable at X.X. Xxx 000000, Xxx Xxxxxxx, Xxxxxxxxxx 00000-0000, Attn: Commercial Mortgage Loan Servicing #1777, or at such other place as the Lender may designate from time to time in writing, on the date such payment is due, to Lender by deposit to such account as Lender may designate by written notice to Borrower. Each payment by Borrower hereunder or under the Note shall be made in funds settled through the New York Clearing House Interbank Payments System or other funds immediately available to Lender by 2:00 p.m., New York City time, on the date such payment is due, to Lender by deposit to such account as Lender may designate by written notice to Borrower. Whenever any payment hereunder or under the Note shall be stated to be due on a day which is not a Business Day, such payment shall be made on the first Business Day preceding such scheduled due date. (e) Prior to the occurrence of an Event of Default, all monthly payments made as scheduled under this Agreement and the Note shall be applied to the payment of interest computed at the Note Rate. All voluntary and involuntary prepayments on the Note shall be applied, to the extent thereof, to accrued but unpaid interest on the amount prepaid, to the remaining principal amount, and any other sums due and unpaid to Lender in connection with the Loan, in such manner and order as Lender may elect in its sole and absolute discretion. Following the occurrence of an Event of Default, any payment made on the Note shall be applied to accrued but unpaid interest, late charges, accrued fees, the unpaid principal amount of the Note, and any other sums due and unpaid to Lender in connection with the Loan, in such manner and order as Lender may elect in its sole and absolute discretion. (f) All payments made by Borrower as may hereafter arise pursuant to Section 510 hereunder or under the Note or the other Loan Documents shall be made irrespective of, and without any deduction for, any setoff, defense or counterclaims. (g) Borrower acknowledges that in connection with a Securitization of the IndentureLoan and/or the Mortgage Loan, Lender may in its sole discretion change the Borrower and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit day of the Bondowners and month that constitutes the Credit EnhancerSelected Day.

Loan Payments. The Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower covenants and agrees during shall make a payment to Lender of interest only (calculated using the Loan Term to make Loan Payments to Closing Date as the Trustee at its Principal Office, Determination Date) on the Closing Date for the account period from the Closing Date through and including the next succeeding fourteenth (14th) day of the Issuera calendar month, for deposit whether such fourteenth (14th) day shall occur in the Revenue Fund, calendar month in federal which the Closing Date occurs or other in the month immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, succeeding the amount of such payment being as follows: (i) the amount of the principal, if any, of the Bonds due and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount of interest on the Bonds due and payable on such Loan Payment Date; (iii) the amount of redemption premium, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III of the Indenture.month in (b) The amounts received by On each Monthly Payment Date throughout the Trustee under term of the Credit Facility Loan, Borrower shall make a payment to Lender of interest accruing on the outstanding principal balance of the Loan during the Interest Period in which such Monthly Payment Date occurs (each such payment, a “Monthly Debt Service Payment”), which payments shall be credited against the Loan Payment due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower applied to accrued and held by the Trustee in such event shall be delivered to the Credit Enhancer in reimbursement of the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpaymentunpaid interest. (c) Except for such interest Borrower shall pay to Lender on the Maturity Date the outstanding principal balance of the Loan, all accrued and unpaid interest and all other amounts due hereunder and under the Note, the Security Instrument and the other Loan Documents. (d) If any principal, interest or any other sum due under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower as may hereafter arise pursuant on the date on which it is due, Borrower shall pay to Section 510 Lender upon demand an amount equal to the lesser of (i) five percent (5%) of such unpaid sum and (ii) the maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the Indenture, use of such delinquent payment. Any such amount shall be secured by the Borrower Security Instrument and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit of the Bondowners and the Credit Enhancerother Loan Documents.

Loan Payments. The In consideration of and in repayment of the Loan, the Borrower shall pay make, as Loan Payments, payments which correspond, as to amounts and due dates, to the following amounts Bond Service on the Bonds; provided that, except to the extent that the Bank shall otherwise stipulate by written notice delivered to the Issuer and the Trustee, all such payments shall be made in advance as “set forth below in this Section. Amounts received upon a drawing by the Trustee under the Letter of Credit for the payment of Bond Service shall be credited against the Loan Payments” under this Payments otherwise payable by the Borrower corresponding to such Bond Service; provided that the Bank has been fully reimbursed for such drawing by the Borrower. To provide funds to pay the Bond Service as and when due as specified above, the Borrower shall make the Loan Agreement: Payments (a) The Borrower covenants and agrees during the Loan Term to make Loan Payments to the Trustee at its Principal Office, for the account of the Issuer, for deposit in the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M.the Business Day next preceding the first Business Day of each month in an amount equal to the interest due on the Bonds on the Interest Payment Date for such month, Trustee’s local timeand, (b) on each Loan Payment Date, or before the amount of such payment being as follows: (i) Business Day next preceding the amount of the principal, if any, date that principal of the Bonds is due and payable on such Loan Payment Datepayable, whether by redemption or at stated maturity, by redemption prior in an amount equal to maturity or acceleration or otherwise; (ii) the amount principal of interest on the Bonds due and payable on such Loan Payment Date; (iii) the amount of redemption premium, if any, on the Bonds due by redemption or at maturity, taking into account funds held in the General Account of the Bond Fund under the Indenture which would be available for such purposes. In addition, to provide funds to pay the principal of and premium, if any, and interest on the Bonds as and when due, the Borrower hereby agrees to make and shall make Loan Payments prior to the date when such principal, premium, if any, and interest is due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III of the Indenture. (b) The amounts received in accordance with a schedule prepared by the Trustee under the Credit Facility shall be credited against the Loan Payment due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event Bank, a copy of which shall be delivered to the Credit Enhancer Trustee on or before the Series Issue Date. The foregoing requirement to make Loan Payments in reimbursement advance of the amounts so received corresponding dates for payment of the principal of and interest on the Bonds may be waived if and to the extent stipulated by the Trustee under Bank by written notice delivered to the Credit FacilityIssuer and the Trustee; provided that in no event shall Loan Payments be made later than such corresponding dates. It is the intention of the Issuer and the Borrower that, notwithstanding any other provision of this Agreement, the Trustee, as assignee of the Issuer, shall receive funds from or on behalf of the Borrower (taking into account such credits for amounts drawn on the Letter of Credit) in such amounts and at such times as will enable the Issuer to pay when due all of its Bond Service on the Bonds and any excess obligations arising under Section 4.3 and any such obligations surviving the payment of the Bonds. All Loan Payments shall be returned payable in lawful money of the United States of America and shall be made by, or on behalf of the Borrower, to the Trustee at its Delivery Office or such other office as the Trustee may designate to the Borrower as an overpayment. (c) Except for such interest the account of the Borrower as may hereafter arise Issuer and deposited in the General Account of the Bond Fund created pursuant to Section 510 the Indenture. Such Loan Payments shall be applied as provided in the Indenture. The Borrower shall be entitled to credits against the Loan Payments as and to the extent provided in Subsection 5.05(f) of the Indenture, the Borrower and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit of the Bondowners and the Credit EnhancerStandard Provisions.

Loan Payments. The Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower Company hereby covenants and agrees during the Loan Term to make Loan Payments to the Trustee at its Principal Office, for the account of the Issuer, for deposit in the Revenue Fund, in federal or other immediately available funds, during normal business hours that on or before 10:00 A.M., Trustee’s local time, each Interest Payment Date and on or before each Loan Bond Payment Date, Date for the amount of such payment being as follows: (i) the amount of the principal, if any, of the Bonds due and payable Bond or any other date on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount of interest which Debt Service on the Bonds due and payable on such Loan Payment Date; (iii) Bond is required to be paid pursuant to the amount of redemption Financing Agreement, until the principal of, premium, if any, and interest on the Bonds due and Bond shall have been fully paid or provision for the payment thereof shall have been made, the Company shall pay, in immediately available funds, to the Bondholder as assignee of the Issuer, amounts which will at all times be sufficient to pay the amount payable on each such Loan Payment Date; and date as principal of (ivwhether at maturity, upon redemption or acceleration or otherwise), premium, if any, and interest on the Bond as provided in the Financing Agreement. It is understood and agreed that all payments payable by the Company under subsection (a) of this Section 4.2 have been assigned by the purchase price of any Bonds required Issuer to be purchased on the Bondholder. The Company assents to such Loan Payment Date assignment. The Issuer hereby directs the Company and the Company hereby agrees to pay to the Bondholder all payments payable by the Company pursuant to Article III of this subsection by wire transfer or other same-day funds to an account designated by the IndentureBondholder. (b) The amounts received Company will also pay, as additional payments, the reasonable expenses of the Issuer related to the issuance of the Bond. The Issuer reserves the right to adopt and impose an administrative fee to be paid annually by the Trustee under the Credit Facility shall be credited against the Loan Payment due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event shall be delivered Company to the Credit Enhancer in reimbursement Issuer during the term of the amounts so received by Bond (such fee not to exceed 1/10th of 1% of the Trustee under the Credit Facilityprincipal amount of Bond outstanding), and any excess shall be returned the Company agrees to pay such administrative fee to the Borrower Issuer if, as an overpaymentand when, requested. (c) Except for such interest If the Company should fail to make any of the Borrower payments required in this Section 4.2, the item or installment so in default shall continue as may hereafter arise pursuant to Section 510 an obligation of the IndentureCompany until the amount in default shall have been fully paid, the Borrower and the Issuer each acknowledge that neither Company agrees to pay the Borrower nor same with interest thereon, to the Issuer has any interest in extent permitted by law, from the Revenue Fund or date when such payment was due, at the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit of the Bondowners and the Credit Enhancerapplicable Post Default Rate.

Loan Payments. The Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower covenants and agrees during the Loan Term to make Loan Payments shall bear interest at a rate per annum equal to the Trustee at its Principal OfficeLIBOR Rate or the Static LIBOR Rate, for as applicable (the account of the Issuer, for deposit in the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount of such payment being as follows: (i) the amount of the principal, if any, of the Bonds due and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount of interest "NOTE RATE"). Interest shall be computed based on the Bonds due and payable on such Loan Payment Date; daily rate produced assuming a three hundred sixty (iii360) day year, multiplied by the amount actual number of redemption premiumdays elapsed. Except as otherwise set forth in this Agreement, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to interest shall be purchased on such Loan Payment Date pursuant to Article III of the Indenturepaid in arrears. (b) The amounts received by the Trustee Borrower hereby agrees to pay sums due under the Credit Facility shall be credited against the Loan Payment Note as follows: An initial payment of $ is due on the Closing Date for interest from the Closing Date through and including , 2003. Thereafter, except as may be adjusted in accordance with Section 2.3(c), consecutive monthly installments of interest calculated at the applicable Loan Note Rate for the applicable Interest Period shall be payable pursuant to the terms of Section 2.3(d) (the "MONTHLY PAYMENT AMOUNT") on each Payment Date. Any Borrower shall pay to Lender on the Maturity Date the outstanding principal balance, all accrued and unpaid interest and all other amounts due hereunder and under the Note, the Mortgage and other Loan Payment made by Documents. The accrued and unpaid interest due on the Borrower and held by the Trustee in such event Maturity Date shall be delivered to calculated for the Credit Enhancer in reimbursement of full final Interest Period, notwithstanding that such Interest Period may extend beyond the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpaymentMaturity Date. (c) Except All interest shall be computed on the basis of a three hundred sixty (360) day year and paid for the actual number of days elapsed in an Interest Period (including the first day but excluding the last day of an Interest Period). Lender shall determine the Note Rate applicable to the Debt in accordance with this Agreement and its determination thereof shall be conclusive in the absence of manifest error. The books and records of Lender shall be prima facie evidence of all sums owing to Lender from time to time under this Agreement, but the failure to record any such information shall not limit or affect the obligations of Borrower under the Loan Documents. (d) Each payment by Borrower hereunder or under the Note shall be payable at X.X. Xxx 000000, Xxx Xxxxxxx, Xxxxxxxxxx 00000-0000, Attn: Commercial Mortgage Loan Servicing #1777, or at such other place as the Lender may designate from time to time in writing, on the date such payment is due, to Lender by deposit to such account as Lender may designate by written notice to Borrower. Each payment by Borrower hereunder or under the Note shall be made in funds settled through the New York Clearing House Interbank Payments System or other funds immediately available to Lender by 2:00 p.m., New York City time, on the date such payment is due, to Lender by deposit to such account as Lender may designate by written notice to Borrower. Whenever any payment hereunder or under the Note shall be stated to be due on a day which is not a Business Day, such payment shall be made on the first Business Day preceding such scheduled due date. (e) Prior to the occurrence of an Event of Default, all monthly payments made as scheduled under this Agreement and the Note shall be applied to the payment of interest computed at the Note Rate. All voluntary and involuntary prepayments on the Note shall be applied, to the extent thereof, to accrued but unpaid interest on the amount prepaid, to the remaining principal amount, and any other sums due and unpaid to Lender in connection with the Loan, in such manner and order as Lender may elect in its sole and absolute discretion. Following the occurrence of an Event of Default, any payment made on the Note shall be applied to accrued but unpaid interest, late charges, accrued fees, the unpaid principal amount of the Note, and any other sums due and unpaid to Lender in connection with the Loan, in such manner and order as Lender may elect in its sole and absolute discretion. (f) All payments made by Borrower as may hereafter arise pursuant to Section 510 hereunder or under the Note or the other Loan Documents shall be made irrespective of, and without any deduction for, any setoff, defense or counterclaims. (g) Borrower acknowledges that in connection with a Securitization of the IndentureLoan and/or the Mortgage Loan, Lender may in its sole discretion change the Borrower and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in the custody of and held by the Trustee in trust for the benefit day of the Bondowners and month that constitutes the Credit EnhancerSelected Day.

Loan Payments. The Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower covenants and agrees during Loan shall bear interest at a fixed rate per annum equal to the Note Rate. Interest shall be computed based on the daily rate produced based on the actual number of days the Loan Term to make Loan Payments to the Trustee at its Principal Office, for the account of the Issuer, for deposit is outstanding in the Revenue Fundmonth and the actual number of days in the calendar year. Except as otherwise set forth in this Agreement, interest shall be paid in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount of such payment being as follows: (i) the amount of the principal, if any, of the Bonds due and payable on such Loan Payment Date, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) the amount of interest on the Bonds due and payable on such Loan Payment Date; (iii) the amount of redemption premium, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price of any Bonds required to be purchased on such Loan Payment Date pursuant to Article III of the Indenturearrears. (b) The amounts received Borrower hereby agrees to pay sums due under the Note as follows: Except as may be adjusted in accordance with the last sentence of Section 2.2(d), consecutive monthly installments of interest only in an amount equal to the dollar amount calculated by dividing the numbers of days in such payment period by 365 (or by 366 for the calculation of payments due during the calendar year of 2012 because it is a leap year), then multiplying such quotient by the Trustee under product of the Credit Facility outstanding principal balance of the Loan multiplied by the Note Rate shall be credited against payable pursuant to the Loan terms of Section 2.2(d) (the “Monthly Payment due Amount”) on the applicable Loan fifth (5th) day of each month beginning on June 5, 2009 (each a “Scheduled Payment Date. Any Loan Payment made by ”) until the Borrower and held by the Trustee in such event entire indebtedness evidenced hereby is fully paid, except that any remaining indebtedness, if not sooner paid, shall be delivered to due and payable on the Credit Enhancer in reimbursement of the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpaymentMaturity Date. (c) Except for such interest Simultaneously with the closing of the Borrower Loan and waiver by Lender of the Exit Fee (as may hereafter arise defined in the Bridge Loan Agreement) pursuant to Section 510 the Bridge Loan, Borrower shall pay to Lender in full a commitment fee in the amount of $1,200,000.00. (d) Each payment by Borrower hereunder or under the Note shall be payable at such place as the Lender may designate from time to time in writing, on the date such payment is due, to Lender by deposit to such account as Lender may designate by written notice to Borrower. Whenever any payment hereunder or under the Note shall be stated to be due on a day which is not a Business Day, such payment shall be made on the first Business Day preceding such scheduled due date. (e) Prior to the occurrence of an Event of Default, all monthly payments made as scheduled under this Agreement and the Note shall be applied first to the payment of interest computed at the Note Rate, and the balance, if any, toward the reduction of the Indentureprincipal amount of the Note. All voluntary and involuntary prepayments on the Note shall be applied, to the extent thereof, to accrued but unpaid interest on the amount prepaid, to the remaining principal amount, and any other sums due and unpaid to Lender in connection with the Loan, in such manner and order as Lender may elect in its sole and absolute discretion, including, but not limited to, application to principal installments in inverse order of maturity. Following the occurrence of an Event of Default (and until such time, if ever, that such Event of Default is expressly waived by Lender in writing in its sole discretion), any payment made on the Note shall be applied to accrued but unpaid interest, late charges, accrued fees, the unpaid principal amount of the Note, and any other sums due and unpaid to Lender in connection with the Loan, in such manner and order as Lender may elect in its sole and absolute discretion. (f) All payments made by Borrower and hereunder or under the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund Note or the Debt Service Fund and any moneys deposited therein other Loan Documents shall be in the custody of made irrespective of, and held by the Trustee in trust for the benefit of the Bondowners and the Credit Enhancerwithout any deduction for, any setoff, defense or counterclaims.

Loan Payments. The Borrower On or before the twenty-fifth (25th) day of each month, until the principal of, premium, if any, and interest on, the Bonds shall pay have been fully paid or provision for such payment shall have been made as provided in the following amounts to Indenture, the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower covenants and agrees during the Loan Term to make Loan Payments pay to the Trustee at its Principal Officeas a repayment on the loan made to the Borrower from Bond proceeds pursuant to Section 4.02 hereof, (a) a sum equal to one-sixth of the aggregate amount of interest becoming due and payable on the next Bond Payment Date on all Bonds then Outstanding, less any amounts to be transferred to the Bond Fund from the Capitalized Interest Account for the account payment of such interest, and (b) one twelfth of the Issuer, for deposit in principal becoming due and payable on the Revenue Fund, in federal or other immediately available funds, during normal business hours Outstanding Bonds plus one-twelfth of the aggregate amount of mandatory redemption payments required to be paid on or before 10:00 A.M., Trustee’s local time, on each Loan the next Bond Payment Date, provided that until the amount of such first principal payment being as follows: (i) the amount of the principal, if any, of date with respect to the Bonds (if less than twelve months), transfers into the Bond Fund shall be sufficient on a monthly pro rata basis to pay the principal becoming due and payable on such Loan Bond Payment Date. Such Loan Payments shall be made in federal funds or other funds immediately available at the Corporate Trust Office of the Trustee. The term “Bond Payment Date” as used in this Section shall mean any date upon which any amounts payable with respect to the Bonds shall become due, whether at stated maturityupon redemption (including without limitation mandatory redemption), by redemption prior to acceleration, maturity or acceleration or otherwise; (ii) . The payments made pursuant to this Section 5.03 shall in the aggregate be sufficient to pay the total amount of interest on the Bonds due and payable on such Loan Payment Date; principal (iiiwhether at maturity or upon redemption or acceleration) the amount of redemption and premium, if any, on the Bonds becoming due and payable on such Loan Payment Datethe Bonds on each principal or interest payment date; and (iv) provided that once per year, on the purchase price of any Bonds required to be purchased on such Loan third Business Day following the Bond Payment Date pursuant to Article III of the Indenture. (b) The amounts received each December, any amount held by the Trustee under in the Credit Facility Bond Fund on the due date for a Loan Payment hereunder shall be credited against the Loan Payment installment due on the applicable Loan next Bond Payment Date. Any Loan Payment made by Date to the Borrower extent available for such purpose under the terms of the Indenture; and provided further that, subject to the provisions of this paragraph, if at any time the amounts held by the Trustee in such event shall be delivered the Bond Fund are sufficient to the Credit Enhancer in reimbursement pay all of the amounts so received by principal of and interest and premium, if any, on, the Trustee under the Credit Facility, and any excess shall be returned to the Borrower Bonds as an overpayment. (c) Except for such interest of the Borrower as may hereafter arise pursuant to Section 510 of the Indenturepayments become due, the Borrower and the Issuer each acknowledge that neither the Borrower nor the Issuer has any interest in the Revenue Fund or the Debt Service Fund and any moneys deposited therein shall be in relieved of any obligation to make any further payments under the custody provisions of and this Section. Notwithstanding the foregoing, if three (3) days prior to any Bond Payment Date the amount held by the Trustee in trust for the benefit Bond Fund is insufficient to make any required payments of principal of (whether at maturity or upon redemption (including without limitation mandatory redemption) or acceleration) and interest and premium, if any, on, the Bondowners and Bonds as such payments become due, the Credit EnhancerBorrower shall forthwith pay such deficiency as a Loan Payment hereunder.

Loan Payments. The Borrower shall pay the following amounts to the Trustee, all as “Loan Payments” under this Loan Agreement: (a) The Borrower covenants and agrees during On the Loan Term Closing Date, Borrowers shall make a payment to make Loan Payments Administrative Agent of interest only with respect to the Trustee at its Principal Officeinitial Interest Period. Borrowers shall make a payment to Administrative Agent equal to the Monthly Debt Service Payment Amount on the Payment Date occurring in June, 2010 and on each Payment Date thereafter to and including the Payment Date immediately preceding the Maturity Date. Each payment shall be applied first to interest accrued, or to be accrued, for the account of Interest Period in which the Issuer, for deposit in Payment Date or Maturity Date occurs and the Revenue Fund, in federal or other immediately available funds, during normal business hours on or before 10:00 A.M., Trustee’s local time, on each Loan Payment Date, the amount of such payment being as follows: (i) the amount of the balance to principal, if any, of the Bonds . Interest hereunder shall be due and payable on such Loan Payment Datein accordance with the terms hereof before and after judgment, whether at stated maturity, by redemption prior to maturity or acceleration or otherwise; (ii) and before and after the amount of interest on the Bonds due and payable on such Loan Payment Date; (iii) the amount of redemption premium, if any, on the Bonds due and payable on such Loan Payment Date; and (iv) the purchase price commencement of any Bonds required to be purchased on such Loan Payment Date proceeding under any Debtor Relief Law. All amounts due pursuant to Article III of this Agreement and the Indentureother Loan Documents shall be payable without setoff, counterclaim, defense or any other deduction whatsoever. (b) The On the Maturity Date, Borrower shall pay to the Administrative Agent the outstanding principal balance of the Loan, all accrued and unpaid interest, all other amounts received by the Trustee due hereunder and under the Credit Facility shall be credited against Notes, the Mortgages and the other Loan Payment due on the applicable Loan Payment Date. Any Loan Payment made by the Borrower and held by the Trustee in such event shall be delivered to the Credit Enhancer in reimbursement of the amounts so received by the Trustee under the Credit Facility, and any excess shall be returned to the Borrower as an overpaymentDocuments. (c) Except as otherwise expressly provided herein, all payments by Borrowers hereunder shall be made in Dollars and in immediately available funds not later than 4:00 p.m. on the date specified herein, and such sums shall be paid to Administrative Agent at Administrative Agent’s Office for such interest the account of the Borrower as may hereafter arise pursuant respective Lenders to Section 510 which such payment is owed. Administrative Agent will promptly distribute to each Lender such Lender’s Applicable Percentage in respect of the IndentureLoan (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office; provided, however, that if the Borrower Notes are accruing interest at different interest rates, then in lieu of distributing proceeds in relation to each Lender’s Applicable Percentage, Administrative Agent shall distribute interest amounts to the Lenders based upon the amount of interest accrued due under their respective Notes and shall distribute principal to the Issuer each acknowledge Lenders pro rata in accordance with their respective Applicable Percentages, except that neither after and during the Borrower nor continuance of an Event of Default funds shall be allocated and disbursed to the Issuer has Lenders in accordance with the terms of any interest in applicable co-lender agreement, intercreditor agreement or other similar agreement among the Revenue Fund or applicable Lenders. All payments received by Administrative Agent after 4:00 p.m. shall be deemed received on the Debt Service Fund next succeeding Business Day and any moneys deposited therein applicable interest or fee shall continue to accrue. If any payment to be made by Borrowers shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected on computing interest or fees, as the case may be. (d) At any time that more than one (1) Note is outstanding, Borrowers confirm and agree that Borrowers shall have no right to direct the payment of funds to repay any particular Note, and that all funds received by Administrative Agent from or on behalf of Borrowers shall be allocated among the Lenders as more particularly set forth in this Section 2.4. Borrowers shall not be permitted to make any permitted prepayment of any particular outstanding Note unless, simultaneously with such permitted prepayment of such Note, Borrowers also prepay the custody other Notes in accordance with the terms of this Agreement, except that after the occurrence and held by during the Trustee continuance of an Event of Default, prepayments shall be allocated and disbursed to the Lenders in trust for accordance with the benefit terms of any applicable co-lender agreement, intercreditor agreement or other similar agreement among the Bondowners and the Credit Enhancerapplicable Lenders.