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(ii) creating and organizing the PID and preparing the assessment roll, (iii) computing, levying, <br />collecting and transmitting the Special Assessments or the Annual Installments thereof, (iv) <br />maintaining the record of installments, payments and reallocations and/or cancellations of the <br />Special Assessments, (v) paying and redeeming the PID Bonds, (vi) investing or depositing the <br />Special Assessments or other monies, (vii) complying with the PID Act with respect to the PID <br />Bonds, (viii) paying the paying agent/registrar's and trustee's fees and expenses (including the <br />fees and expenses of its legal counsel) related to the PID Bonds, and (ix) administering the <br />construction of the Public Improvements. <br />"Affiliate" means an entity which is controlled by, controls, or is under common control <br />with Owners. <br />"Agreement" has the meaning given in the recitals to this Agreement. <br />"Annual Installment" shall have the meaning given in the Service and Assessment Plan. <br />"Annual Service Plan Update" has the meaning set forth in Section V of the Service <br />and Assessment Plan. <br />"Appraisal" means each appraisal of the Property (or applicable component thereof, as <br />required by Section 2.01 (h) hereof <br />"Assessed Property" or "Assessed Properties" means property on which Special <br />Assessments have been levied as shown on the Assessment Roll (as the same may be updated <br />each year by the Annual Service Plan Update) and which includes any and all Parcels within the <br />PID other than Non -Benefited Property. <br />"Assessment Ordinance" means each ordinance adopted by the City Council approving <br />the Service and Assessment Plan (or amendments or supplements to the Service and Assessment <br />Plan) and levying the Special Assessments. <br />"Assessment Roll" means the Assessment Roll included in the Service and Assessment <br />Plan as Appendix A, which may be updated, modified or amended from time to time in <br />accordance with the procedures set forth herein and in the PID Act, including updates prepared <br />in connection with the issuance of PID Bonds or in connection with any Annual Service Plan <br />Update. <br />"Attorney General" means the Texas Attorney General's Office. <br />"Bond Counsel" means McCall Parkhurst & Horton or their successor. <br />"Bond Improvement Account" means an account established pursuant to an Indenture <br />and into which the Trustee will deposit Bond Proceeds to be used for the construction of any <br />Public Improvements. <br />"Bond Issuance Costs" means costs relating to the authorization, sale and issuance of the <br />26 <br />WHISPER PID FINANCING AGREEMENT <br />