(b) Remittances. Each of the parties covenants and agrees promptly to remit to the
other party any payments incorrectly received by such party with respect to the Assessment after
the execution of this Contract.
(c) Default and Enforcement. In the event of a default in payment of any
installment of the Assessment as specified in the Financing Documents, Lender agrees to take at
least the following steps to collect the delinquent installment:
(1) Mail a written notice of delinquency and demand for payment to the Owner by both
certified mail, return receipt requested, and first class mail and
(2) Mail a second notice of delinquency to the Owner by both certified mail, return receipt
requested, and first class mail at least 30 days after the date of the first notice if the
delinquency is continuing.
If the Owner fails to cure the delinquency within 30 days after the mailing of the second notice of
delinquency, the Lender or its designated servicer may notify %UD]RV County in writing of a
default by the Owner, and upon receipt of such notice, %UD]RV County agrees that the Authorized
County Official will enforce the assessment lien for the benefit of Lender pursuant to Tex. Local
Gov’t Code Sec. 399.014(c), in the same manner as a property tax lien against real property may
be enforced, to the extent the enforcement is consistent with Section 50, Article XVI, Texas
(d) Final Payment and Release. When the Assessment has been satisfied and paid in
full, together with all interest provided under the Financing Documents and all costs, fees,
penalties, and interest applicable under the PACE Act and payable to Lender or %UD]RV County,
%UD]RV County’s rights under the PACE Owner Contract will cease and terminate, and upon
notice of such payment from Lender, %UD]RV County will execute and record a release of the
Assessment and the Owner Contract.
(e) Limitations on %UD]RV County’s Actions. Without the prior written consent of
Lender, %UD]RV County will not enter into any amendment or modification of or deviation from
the Owner Contract. %UD]RV County will not institute any legal action with respect to the Owner
Contract, the Assessment, or the assessment lien without the prior written request of Lender.
(f) Limitations of%UD]RV County’s Obligations. %UD]RV County undertakes to perform
only such duties as are specifically set forth in this Contract, and no implied duties on the part of
%UD]RV County are to be read into this Contract. %UD]RV County will not be deemed to have a
fiduciary or other similar relationship with Lender. %UD]RV County may request written
instructions for action from Lender and refrain from taking action until it receives satisfactory
written instructions. %UD]RV County will have no liability to any person for following such
instructions, regardless of whether they are to act or refrain from acting.
(e) Costs. No provisions of this Contract will require %UD]RV County to expend or risk
its own funds or otherwise incur any financial liability in the performance of any of its duties