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8. EDSR 06-17-2013
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8. EDSR 06-17-2013
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(b) Mortgage. Deliver to Lender the Mortgage,together with evidence <br /> that the Mortgage has been or will be duly filed for record. <br /> (c) Guaranties. Deliver to Lender the Guaranties. <br /> (d) Title Insurance Policy. Deliver to Lender a Mortgagee's title <br /> insurance policy ("Title Policy"), from Title issued to Lender in the amount of <br /> Seventy-four Thousand Nine Hundred Ninety-nine and No/100s Dollars <br /> ($74,999.00) with respect to the Mortgage and insuring that the Mortgage is a <br /> [second][third] lien on the Loan Property free and clear of all mechanic's liens, <br /> materialmen's liens, taxes, special assessments, rights of parties in possession, <br /> other than: (i) that certain contract for deed between Farmer's State Bank of <br /> Albert Lea, a , as vendor, and Borrower, as vendee, dated <br /> , 2013, recorded in the Office of the Sherburne County <br /> [Recorder][Registrar of Deeds] on , 2013, as document number <br /> (the "Contract for Deed"); (ii) that certain [Mortgage] between the <br /> Bank of Elk River, a , as lender, and Borrower, as borrower, in <br /> the initial principal amount of Seventy-one Thousand One Hundred Ten and <br /> No/100s Dollars ($71,110.00), dated , 2013, recorded in the <br /> Office of the Sherburne County [Recorder][Registrar of Deeds] on <br /> 2013, as document number (the "Secondary Mortgage"); <br /> (iii) questions of survey; and(iv) exceptions approved in writing by Lender. <br /> (e) Organizational Documents and Resolutions - Borrower. Deliver to <br /> Lender copies of: (i) the articles of [incorporation][organization] for Borrower <br /> certified by the Minnesota Secretary of State, (ii) a certificate of good standing for <br /> Borrower issued by the Minnesota Secretary of State; (iii) the bylaws and <br /> [member][shareholder] control agreement and/or operating agreement for <br /> Borrower; and (iv) a certified copy of resolutions of Borrower authorizing the <br /> execution and delivery of this Agreement, the Note, the Mortgage, and any other <br /> document to be executed by Borrower pursuant to this Agreement. <br /> (f) Insurance. Deliver to Lender: (i) a certificate or policy for all <br /> insurance required, under the terms hereof or of the Mortgage, to be maintained <br /> by Borrower; and (ii) evidence that no part of the Loan Property is located in an <br /> area designated as being a flood plain or flood hazard area as defined by the Flood <br /> Hazard Boundary Map published by the Federal Insurance Administration. <br /> (g) Compliance With Laws, Etc. Deliver to Lender such evidence as <br /> Lender may require as to the compliance of the Loan Property and the <br /> Improvements with: (i) all applicable laws, codes, rules, regulations and <br /> ordinances, including, without limitation, those relative to environmental <br /> protection, protection of wetlands, building and zoning matters and the Americans <br /> with Disabilities Act; and (ii) the requirements of any restrictive covenants, <br /> conditions and restrictions; conditional use permit and/or planned unit <br /> development applicable to the Loan Property. <br /> -3- <br />
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