Development Account. (i) The Borrower shall establish an account (the “Development Account”) with a depository, which is insured by the Federal Deposit Insurance Corporation (“FDIC”) or by a successor in interest to FDIC into which all Gross Income of the Development shall be deposited when received. The Borrower or any person receiving funds and tenant security deposits of the Development other than as permitted by this Agreement shall immediately deposit such funds in the Development Account and failing to do so shall hold such funds in trust for the Development. Subject to the rights of the First Lien Lender, the Borrower or any person receiving any property of the Development in violation of this Agreement shall immediately deliver such property to the Agency, and failing to do so shall hold such property in trust for the Development. Reserves, deposits, rents, charges, fees and any other deposits and/or income of the Development as used herein shall also include, without limitation, such income derived from commercial facilities of the Development, if any.
Appears in 1 contract
Sources: Regulatory Agreement
Development Account. (i) The Borrower shall establish an account (the “Development Account”) with a depository, which is insured by the Federal Deposit Insurance Corporation (“FDIC”) or by a successor in interest to FDIC into which all Gross Income of the Development shall be deposited when received. The Borrower or any person receiving funds and tenant security deposits of the Development other than as permitted by this Agreement shall immediately deposit such funds in the Development Account and failing to do so shall hold such funds in trust for the Development. Subject to the rights of the First Lien Lender▇▇▇▇ ▇▇▇▇▇▇, the Borrower or any person receiving any property of the Development in violation of this Agreement shall immediately deliver such property to the Agency, and failing to do so shall hold such property in trust for the Development. Reserves, deposits, rents, charges, fees and any other deposits and/or income of the Development as used herein shall also include, without limitation, such income derived from commercial facilities of the Development, if any.
Appears in 1 contract
Sources: Regulatory Agreement