5. HRSR 05-02-2011 - Laserfiche WebLink

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policies or duly executed certificate or certificates for such insurance. and renewals or replacements thereof shall be deposited with Lender. (e) Pa~Charges. Immediately pay all loan charges including, but not limited to, title insurance fees, mortgage registration taxes and filing fees of the Mortgage and any other instruments required under this Agreement, except to the extent otherwise payable by Lender. (f) Pap Certain Costs. Immediately after written demand from Lender and without regard to whether or not any of the Loan proceeds have been advanced under this Agreement, pay or cause to be paid from time to time if requested by Lender, costs referred to in the Project Cost Certificate in an amount equal to the costs referred to therein in excess of the Loan proceeds remaining available to be advanced to pay such costs, and furnish to Lender proof of payment thereof satisfactory to Lender and Title. (g) Copies of Plans, Contracts, etc. Furnish Lender from time to time as reasonably requested by Lender, copies of the Plans and Specifications, contracts and any other specifications and contracts relating to the Improvements together with estimated costs of such Improvements. 13. Warranties. Borrower represents and warrants to Lender the following: (a) The Borrower is a limited liability company duly formed, validly existing and in good standing under the laws of the State of Minnesota. (b) The making and performance of this Agreement and the execution and delivery of the Note, the Mortgage and any other instrument required hereunder are within the powers of the Borrower and have been duly authorized by all necessary action of the governing body of the Borrower. This Agreement and the Note, the Mortgage and any other instruments required hereunder have been duly executed and delivered and are the legal, valid and binding obligations of the Borrower enforceable in accordance with their respective terms. (c) No litigation, tax claims or governmental proceedings are pending or threatened against the Borrower or the Loan Property, and no judgment or order of any court or administrative agency is outstanding against the Borrower or the Loan Property which would have a materially adverse effect on Borrower or the Loan Property. (d) Borrower has filed all tax .returns (federal and state) required to be filed for all prior years and paid all taxes shown thereon to be due, including interest and penalties. Borrower will file all such returns and pay all such taxes for the current and future years. 385593v3 JSB EL185-12 -g-