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(a) Note. Deliver to Lender the Note. <br /> (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) Guaranty. Deliver to Lender the Guaranty. <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 /> $100,000.00 with respect to the Mortgage and insuring that the Mortgage is a first <br /> lien on the Loan Property free and clear of mechanic's liens, materialmen's liens, <br /> taxes, special assessments, rights of parties in possession, other than: (i) the Prior <br /> Mortgage; and (ii) the rights of tenants as tenants only under existing leases, and <br /> questions of title and survey approved in writing by Lender. <br /> (e) Organizational Documents and Resolutions. Deliver to Lender <br /> copies of the (i) articles of organization for Borrower certified by the Minnesota <br /> Secretary of State, (ii) a certificate of good standing for Borrower issued by the <br /> Minnesota Secretary of State; (iii) a copy of Borrower's member control <br /> agreement and bylaws; and (iv) a certified copy of resolutions of Borrower <br /> authorizing the execution and delivery of this Agreement, the Note, the Mortgage, <br /> and any other document to be executed by Borrower pursuant to this Agreement. <br /> (0 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 /> (h) Hazardous Substances. Deliver to Lender evidence acceptable to <br /> Lender, that: (i) the Loan Property has not been used as a hazardous waste storage <br /> facility or burial site; (ii) the soil is free from hazardous waste, hazardous <br /> substances, pollutants and contaminants; and (iii) no hazardous waste, hazardous <br /> substance, pollutant or contaminant has been used in the construction or use of <br /> any building or other improvement on the Loan Property. For purposes of this <br /> subparagraph, the terms "hazardous waste," "hazardous substances," "pollutants" <br /> and "contaminants" shall include, but not be limited to, polychlorinated biphenyls <br /> -3- <br />