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NOTICE OF CONTRACTUAL ASSESSMENT LIEN
PURSUANT TO PROPERTY ASSESSED CLEAN ENERGY ACT
STATE OF TEXAS §
COUNTY OF TRAVIS §
WHEREAS, the Property Assessed Clean Energy (“PACE”) Act, Texas Local
Government Code Chapter 399, authorizes the governing body of a local government to establish
a program and designate a region within the local government’s jurisdiction as a region within
which an authorized local government official may enter into written contracts with the record
owners of commercial, industrial, agricultural, and large multifamily residential (5 or more
dwelling units) real property to impose assessments on the property to finance the cost of
permanent improvements fixed to the property intended to decrease water or energy consumption
or demand (“Qualified Improvements”); and
WHEREAS, Travis County has established a program under the PACE Act pursuant to
Resolution No. ____________________________, dated ___________________________2015,
adopted by the Travis County Commissioners Court and has designated the entire territory
within Travis County’s jurisdiction as a region within which the authorized County official
named below and the record owners of such real property may enter into written contracts to
impose assessments to repay the financing by owners of Qualified Improvements on the owner’s
property; and
WHEREAS, _________________________________________________(“Property
Owner”) is the legal and record owner of the qualified real property within Travis County’s
jurisdiction located at __________________________________________________________,
_________________________________, Texas, and more fully described in Exhibit A attached
hereto and made a part hereof (the “Property”);
WHEREAS, Property Owner intends to install or modify certain Qualified Improvements
on the Property and finance the cost of such Qualified Improvements under the Travis County
PACE program and has entered into a written Owner Contract with Travis County pursuant to
the PACE Act and requested Travis County to impose an assessment (the “Assessment”) on the
Property to repay the financing of such Qualified Improvements; and
WHEREAS, the financing of such Qualified Improvements will be provided to Property
Owner by ____________________________________________________ (“Lender”), a
qualified lender selected by Property Owner, pursuant to a written Lender Contract executed by
Lender and Travis County as required by the PACE Act; and Property Owner has executed
certain financing documents, copies of which are attached hereto as Exhibit B, agreeing to repay
such financing in favor of Lender, which has agreed to service the debt secured by the
Assessment:
Print Form
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THEREFORE, Travis County hereby gives notice to the public that it has
imposed an assessment on the Property in the total amount of $__________________, together
with all contractual interest as provided in the financing documents between Property Owner
and Lender according to Exhibit B attached hereto, which set out the amount financed,
repayment installments, and amortization schedule for such Assessment. Pursuant to Section
399.014 of the PACE Act, the Assessment, together with interest and any penalties, costs, or fees
accrued thereon, is a first and prior lien on the Property from the date that this Notice is recorded
in the Official Public Records of Travis County until such Assessment, interest, penalties, costs,
and fees are paid in full. Such lien has the same priority status as a lien for any other ad valorem
tax, pursuant to Section 399.014(a)(2) of the PACE Act. The lien created by the Assessment
runs with the land, and any portion of the Assessment that has not yet become due is not
eliminated by foreclosure of a property tax lien, according to Section 399.014(b) of the PACE
Act. In the event of a sale or transfer of the Property by Property Owner, the obligation for the
Assessment will be transferred to the succeeding owner without recourse on Travis County or the
PACE Program Administrator, and with recourse on Property Owner only for any unpaid
installments of the Assessment that became due during Property Owner’s period of ownership.
EXECUTED on _______________________________, 20_____.
TRAVIS COUNTY, TEXAS
By: ______________________________________
Bruce Elfant
Tax County Tax Assessor-Collector
AUTHORIZED COUNTY OFFICIAL
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ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
This Notice of Assessment Lien Pursuant to Property Assessed Clean Energy Act was
acknowledged before me on __________________________________, 20_____ by Bruce
Elfant, Travis County Tax Assessor-Collector, on behalf of Travis County, Texas.
__________________________________________
________________________________(print name)
NOTARY PUBLIC, STATE OF TEXAS
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EXHIBIT A
PROPERTY DESCRIPTION
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EXHIBIT B
FINANCING DOCUMENTS