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"City's Percentage" with reference to the Residual Receipts, shall mean 50% [or <br />the prorated percentage of the total amount of fluids contributed after Borrower retains fifty <br />percent of the Residual Receipts, whichever is less], of the City's share of the total Residual <br />Receipts from the Property, as further described in Section 5 hereof. If other lenders to the <br />Property are also repaid from Residual Receipts, City's Percentage shall be reduced <br />proportionally to the ratio that the original principal amount of the City Loan bears to the <br />original principal amount of all loans being repaid from Residual Receipts multiplied by <br />50%. <br />"Calendar Year" means each consecutive twelve (12) month period from January <br />1 to December 31. <br />"Closing Costs" shall mean: <br />(i) In the case of a Sale, reasonable brokerage conunissions payable to a <br />broker as a result of the Sale, which shall not in any event exceed the customary amount <br />charged -for similar transactions in the immediate marketplace, costs of title insurance <br />premiums, documentary stamp taxes, escrow fees, recording charges, loan repayment <br />charges and other costs reasonably incurred with respect to the Property, in each case <br />actually paid by Borrower as a condition of the Sale. <br />(ii) In the case of a Refinancing, the reasonable and necessary costs of <br />consummating such Refinancing, including, without limitation, loan fees, loan repayment <br />charges, costs of title insurance premiums, escrow fees, recording fees, attorneys' fees and <br />costs of Lender required repairs or reserves. <br />"CPI" means United States Department of Labor, Bureau of Labor Statistics, <br />Consumer Price Index of Urban Wage Earners and Clerical Workers, Subgroup "All <br />Items," for the Los Angeles -Riverside -Orange County area, 1982-84 = 100, or successor <br />or equivalent index in case such index is no longer published. <br />"Gross Revenues" shall mean all revenues and receipts of every kind actually <br />received by Borrower from operating the Property, and all parts thereof, including, but not <br />limited to, income from both cash and credit transactions, rental payments from leased <br />and/or subleased spaces, governmental assistance housing payments or other operating <br />subsidies, and parking fees and charges (but not including security deposits and other <br />tenant deposits, except to the extent such deposits are forfeited to the Borrower under the <br />tenant's lease). Gross Revenues does not include any insurance proceeds other than any <br />rental interruption insurance proceeds. Any credit consideration shall be included in Gross <br />Revenues at the time cash proceeds (principal, interest and/or other) are received. Borrower <br />shall establish and maintain accounts for the Gross Revenues (the "'Project Accounts") that <br />are segregated from revenues and income received by Borrower from all other projects. <br />Gross Revenues shall also include all interest earned on the Project Accounts to the extent <br />interest is released from the Project Accounts. Gross Revenues do not include the proceeds <br />of any loans or capital contributions made to Borrower, Refinancing Proceeds or Sale <br />Proceeds. <br />2 <br />westview House <br />City rnclusionary Housing Phugnu n Lean Note <br />