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5.0. EDSR 07-08-2002
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5.0. EDSR 07-08-2002
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City Government
type
EDSR
date
7/8/2002
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Member to less than $25,000, the Member's entire deposit i <br /> balance in the Loan Fund shall be refunded. All refunds are <br /> of principal only without interest. <br /> 6. Distribution of Interest and Income Derived from Loan Fund. Deposits made <br /> by Members in the Loan Fund are the property of the respective Members, subject to the Escrow <br /> Agreement and the Participation Agreement.Each Member pursuant to the Participation Agreement <br /> has assigned to MCCF all interest and income earned upon their respective deposits in the Loan <br /> Fund and each Member hereby directs the Escrow Agent to distribute monthly from the Loan Fund <br /> all interest and income earned upon their respective deposits held in the Loan Fund net of fees and <br /> expenses of Escrow Agent. The assignment contained in the Participation Agreement and this <br /> direction is irrevocable until such time as the deposit of a Member in the Loan Fund is refunded to <br /> such Member pursuant to this Agreement. <br /> 7. Investments Authorized. The Loan Fund shall be invested in U.S. Government <br /> Bonds,U.S.Insured Certificates of Deposit,U.S.Government Agency Bonds,and U.S.Government <br /> Money Market Funds pursuant to directions of MCCF as agent of Member. <br /> 8. Escrow Agent Fees and Expenses and Position of Escrow Agent. The Escrow <br /> Agent hereunder pursuant to the instructions contained in this Agreement is a depository only and <br /> is not a party to or bound by any agreement or undertaking that may be evidenced by or arise out of <br /> any of the items deposited with it pursuant to these instructions. Escrow Agent is not responsible <br /> or liable in any manner for the sufficiency, correctness, genuineness or validity of any of the items • <br /> and undertakes no responsibility or liability for the form of execution of such items or the identity, <br /> authority,title or other rights of any person executing or depositing funds or documents hereunder. <br /> Escrow Agent fees and expenses during the term of this Agreement shall be determined by <br /> separate letter agreement from time to time between Escrow Agent, MCCF and MCCF as agent of <br /> Member. <br /> Fees and expenses of Escrow Agent shall be deducted from interest earned upon the Loan <br /> Fund. <br /> 9. Liability of Escrow Agent. The Escrow Agent shall not be liable for any error of <br /> judgment or for any act done or omitted by it in good faith or for anything that it may in good faith <br /> do or refrain from doing in connection with the foregoing instructions. <br /> No liability will be incurred by Escrow Agent if,in the event any dispute or question <br /> as to the construction of the directions, it acts in accordance with the opinion of its legal counsel. <br /> 10. Adverse Claims. In the event of any disagreement or the presentation of adverse <br /> claims or demands in connection with or for any item affected by the instructions contained within <br /> this Agreement, Escrow Agent shall refuse to comply with any such claims or demands during the <br /> continuance of the disagreement and shall refrain from delivering any item affected. In so doing, <br /> Escrow Agent shall not become liable to MCCF or any Member or any other person, due to its • <br /> 4 <br />
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