14-20 Cedar Glen Bond Ordinance Addendums

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"Accounts" means the accounts created pursuant to Article IV hereof. "Act" means Indiana Code 36-7-11.9 and 36-7-12, as amended. "Authorized Representative"means any officer of the Borrower. "Agreement" shall mean this Bond Purchase and Loan Agreement as from time to time amended or modified. "Appraised Value" shall mean the market value of the Real Estate and Improvements, on an assumed completion basis, arrived at under any appraisal from time to time furnished to MBI pursuant to the terms of this Agreement, which is in form and substance and prepared by an appraiser acceptable to MBI. "Architect" shall mean "Architect Agreement" shall mean that certain AIA Document B108 — 2009 dated executed by and between Borrower and Architect, pursuant to which the Architect has agreed to provide certain architectural services for the construction of the Project. "Bond Fund"means the Bond Fund created in Section 4.2 hereof, including the various accounts created thereunder. "Bond Issuance Costs" means the costs, fees and expenses incurred or to be incurred by the Issuer and the Borrower in connection with the issuance and sale of the Bonds, including placement or other financingfees (includingapplicable counsel fees the fees and disbursements of bond counsel, fees PP ), of the Issuer's financial advisor, the initial Annual Fee and acceptance fee of MBI, application fees and � expenses, publication costs, the filing and recording fees in connection with any filings or recording necessary under the Agreement or to perfect the lien thereof,the out-of-pocket costs of the Issuer,the fees and disbursements of counsel to the Borrower, the fees and disbursements of the Borrower's accountants, the fees and disbursements of counsel to the Issuer, the fees and disbursements of counsel to the purchasers of the Bonds, the costs of preparing or printing the Bonds and the documentation supporting the issuance of the Bonds, the costs of reproducing documents, and any other costs of a similar nature reasonably incurred. "Bondholder"means a holder of the Bonds. "Bonds" shall mean the City of South Bend, Indiana, Multifamily Housing Revenue Bonds, Series 2020B (Cedar Glen Apartments Project) in the original aggregate principal drawing amount of Three Million Eighty-One Thousand Seven Hundred Thirty-Two and 00/100 Dollars ($3,081,732.00). "Borrower's Receipt and Certification" shall mean that certain Borrower's Receipt and Certification to be executed by Borrower in conjunction with a request for a Draw under the Loan. "Business Day" shall mean any day of the week (but not a Saturday, Sunday or holiday) on which the offices of MBI are open to the public for carrying on substantially all of MBI's business functions. Unless specifically referenced in this Agreement as a Business Day, all references to "days" shall be to calendar days. "Co-Borrower Agreement" shall mean that certain Co-Borrower Agreement of even date herewith, executed by Borrower and Co-Maker in favor of MBI. Page 2