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8. EDSR 06-17-2013
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8. EDSR 06-17-2013
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6/14/2013 11:59:28 AM
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City Government
type
EDSR
date
6/17/2013
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11. Assignability. Borrower shall not assign this Agreement or all or any part <br /> of any Advances to be made hereunder without written consent of Lender, which consent <br /> may be withheld, conditioned or delayed in Lender's sole discretion. Lender may freely <br /> assign or otherwise transfer (including by participation) all or any part of its interest in <br /> the Loan or any or all of the Loan documents, in Lender's sole discretion. <br /> 12. Miscellaneous Covenants of Borrower. Borrower covenants and agrees <br /> with Lender that, without costs to Lender, Borrower will: <br /> (a) Performance of Conditions. Promptly keep, perform and comply <br /> with all of the terms, covenants and conditions to be kept and performed by <br /> Borrower, as required by the City and any other governmental body having <br /> jurisdiction over the Loan Property as a condition of platting, rezoning or <br /> developing the Loan Property; keep unimpaired the rights of Borrower under any <br /> permit or agreement issued or made by the City or other governmental body <br /> having jurisdiction over the Loan Property and the Construction Contracts and <br /> any other contracts obtained or held by Borrower in connection with the <br /> construction or operation of the Improvements; and to enforce the prompt <br /> performance of all of the terms, covenants and conditions to be kept and <br /> performed by the City or other governmental body having jurisdiction over the <br /> Loan Property, respectively, under any permits or agreements issued or made by <br /> the City or such other governmental bodies, or by any design professional, the <br /> general contractor and any other contractors under all contracts obtained or held <br /> by Borrower in connection with construction or operation of the Improvements. <br /> (b) Amendment, Etc. of Documents. Not amend, cancel, terminate, <br /> supplement or waive any of the material terms, covenants and conditions of any <br /> permit or agreement issued or made by the City or any other governmental body <br /> having jurisdiction over the Loan Property, or any other contracts obtained or held <br /> by Borrower in connection with the construction or operation of the <br /> Improvements or any contracts, documents or agreements referred to herein <br /> without the prior written approval of Lender. Borrower will provide to Lender <br /> complete documentation concerning any change made to the Project. <br /> (c) Performance of Note, Mortgage, Etc. Without limiting the <br /> foregoing, keep and perform all of the terms, covenants, conditions and <br /> requirements of the Note, the Mortgage, this Agreement, the Contract for Deed <br /> and the Secondary Mortgage all other documents evidencing the Secondary <br /> Financing. If Borrower fully performs the Contract for Deed or pays off the <br /> Secondary Financing while any amount of Loan indebtedness remains <br /> outstanding, Borrower will provide Lender with copies of the deed or satisfaction <br /> and release of the Secondary Mortgage, as applicable, promptly after receipt of <br /> the same. <br /> -7- <br />
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