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(1) Sworn Construction Statement. Deliver to Lender a Sworn <br /> Construction Statement acceptable to Lender completed and executed by <br /> Borrower which identifies all subcontractors and suppliers having a contract with <br /> the Borrower or Borrower's contractor and the amount of the contract between <br /> Borrower or Borrower's contractor and each subcontractor or supplier with <br /> respect to the construction of the Improvements. <br /> (m) Equity Contribution. Deliver to Lender evidence acceptable to <br /> Lender that: (i) Borrower has closed upon the Secondary Financing and that the <br /> proceeds thereof have been disbursed [to Borrower][into escrow with Title]; <br /> and (ii)Borrower has deposited into escrow with Title all of Borrower's Equity <br /> Contribution, in the amount of [One Hundred Twenty] Thousand and No/100s <br /> Dollars [($120,000.00)]. [EDA — I am assuming that Mr. Brehmer's equity <br /> and the proceeds of the Bank of Elk River financing are being used to <br /> finance the construction of the Improvements. To the extent that any of <br /> these funds are being utilized otherwise, several of the subsections in this <br /> section 4 will need to be revised] <br /> (n) Lien Waivers. To the extent that Borrower has expended any <br /> funds on items set forth in the Project Cost and Source of Funds Certificate, to <br /> Deliver to Lender an original written lien waiver from each contractor, <br /> subcontractor and supplier who performed work or supplied materials to the <br /> Project. <br /> (o) Property & Financing Documents. Deliver to Lender a copy of: <br /> (i) the executed Contract for Deed; (ii) a consent to the Mortgage from the <br /> Contract for Deed vendor, in the form attached to the Mortgage as Exhibit C; <br /> (iii) all documents by and between the Bank of Elk River, as lender, and <br /> Borrower, as borrower, evidencing that certain Seventy-one Thousand One <br /> Hundred Ten and No/100s Dollar ($71,110.00) loan facility (the "Secondary <br /> Financing"); (iv) a consent to the Mortgage from the Bank of Elk River, in the <br /> form attached to the Mortgage as Exhibit D; and (v) the Certificate of Occupancy <br /> for the Loan Property. The Certificate of Occupancy will be considered timely if <br /> Borrower delivers it to Lender promptly after receipt and in any case, not more <br /> than sixty(60)days after the Closing Date. <br /> (p) CIP Audits. Deliver to Lender copies of the: (i) pre- <br /> commencement Conservation Improvement Program audit for the Loan Property; <br /> (ii) the list of approved Program Improvements and related rebates, if any; (iii) <br /> post-completion Conservation Improvement Program audit for the Loan Property. <br /> The post-completion Conservation Improvement Program audit for the Loan <br /> Property will be considered timely if Borrower delivers it to Lender on or before <br /> the thirtieth (30th) day after issuance of the Certificate of Occupancy for the Loan <br /> Property. <br /> -5- <br />