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5. EDSR 07-15-2013
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5. EDSR 07-15-2013
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7/15/2013 11:48:33 AM
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(PCBs), asbestos, petroleum products and any other chemical or substance <br /> determined to be a hazard to human health or the environment. <br /> (i) Indemnity Deliver to Title any indemnity agreement in favor of <br /> Title in the form required by Title in order for Title to issue the title insurance <br /> policies referred to above. <br /> (j) Project Cost and Source of Funds Certificate. Deliver to Lender a <br /> sworn certificate detailing Project costs and sources of funds to be utilized for the <br /> Project ("Project Cost Certificate"), in a form acceptable to Lender, verified on <br /> oath by a manager of Borrower showing an itemized breakdown of: (i) the <br /> source and amount of all Project funds; and (ii) of the total cost of the Equipment <br /> and the other Improvements, including, without limitation, the cost of <br /> constructing the Improvements, any special assessments, soft costs and all other <br /> costs and charges to be paid from the Loan proceeds and/or other Project funds or <br /> necessary to complete the Improvements. Borrower shall deliver to Lender lien <br /> waivers, receipts for payment and other evidence of payment acceptable to Lender <br /> with respect to any such portion of costs and charges incurred to the date of the <br /> Project Cost Certificate. <br /> (k) Sworn Construction Statement. Intentionally Omitted. <br /> (1) Expend Funds; Lien Waivers; Property Documents. Not later than <br /> fifteen (15) days after the issuance of the Certificate of Occupancy for the Loan <br /> Property, Borrower shall deliver to Lender: (i) a copy of the Certificate of <br /> Occupancy for the Loan Property; (ii) a final Equipment List executed by an <br /> officer of Borrower(which, upon acceptance by Lender, will be attached hereto as <br /> Exhibit A-1); (iii) a final Project Cost Certificate; and (iv) evidence acceptable to <br /> Lender that Borrower has paid all acquisition, delivery and installation costs for <br /> the Equipment. <br /> (m) Consent. Deliver to Lender a copy of the consent to the Mortgage <br /> from the Prior Mortgage mortgagee, in the form attached to the Mortgage as <br /> Exhibit C. <br /> (n) Prior Mortgage Documents. Deliver to Lender copies of all of the <br /> documents relating to the Prior Mortgage(the "Prior Mortgage Documents"). <br /> (o) Zoning Matters. Deliver to Lender evidence that Borrower has <br /> obtained municipal and zoning approval necessary to complete the Improvements, <br /> including, without limitation, compliance with any signage ordinances. <br /> (p) Escrow and Disbursement Agreement. Deliver the Escrow and <br /> Disbursement Agreement executed by Borrower and Title, to Lender. <br /> (q) Program Fee. Deliver to Lender the program fee of$ .00. <br /> -4- <br />
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