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<br />conditions and restrictions; conditional use permit or planned unit development <br />applicable to the Loan Property. <br /> <br /> <br />(m)Hazardous Substances. Deliver to Lender evidence acceptable to Lender, <br />that: (i) the Loan Property has not been used as a hazardous waste storage facility or <br />burial site; (ii) the soil is free from hazardous waste, hazardous substances, pollutants and <br />contaminants; and (iii) no hazardous waste, hazardous substance, pollutant or <br />contaminant has been used in the construction or use of any building or other <br />improvement on the Loan Property. For purposes of this subparagraph, the terms <br />“hazardous waste,” “hazardous substances,” “pollutants” and “contaminants” shall <br />include, but not be limited to, polychlorinated biphenyls (PCBs), asbestos, petroleum <br />products and any other chemical or substance determined to be a hazard to human health <br />or the environment. <br /> <br /> <br />(n)Indemnity. Deliver to Title any indemnity agreement in favor of Title in <br />the form required by Title in order for Title to issue the title insurance policies referred to <br />above. <br /> <br /> <br />(o)Contract for Deed Documents. Deliver to Lender copies of all of the <br />documents relating to the Contract for Deed (the “Contract for Deed Documents”). <br /> <br /> <br />(p)Lease. Deliver to Lender a copy of the lease agreement for the use of the <br />Loan Property, executed no later than the date of this Agreement, by and between <br />Borrower, as landlord, and Entity Guarantor, as tenant (the “Lease”). <br /> <br /> <br />(q)Program Fee. The Lender acknowledges Borrower has previousluy paid <br />program fees of $______. Lender may waive any of the above requirements in its sole <br />discretion. <br /> <br /> <br />6.Disbursement of Loan. Upon receipt by Lender of all of the items required <br />pursuant to Section 5 above in the form and condition required therein and confirmation from <br />Title that Title is prepared to issue the mortgagee’s title insurance policy as required herein, <br />Lender agrees to disburse the Loan proceeds to Borrower. <br /> <br /> <br />7.Access to Loan Property. Lender and its respective representatives shall have at <br />all reasonable times the right to enter and have free access to the Loan Property and the right to <br />inspect the Loan Property. <br /> <br /> <br />8.Books and Records. Borrower agrees to maintain accurate and complete books, <br />accounts and records in regard to the Loan Property in a manner reasonably acceptable to <br />Lender. Lender and its representatives shall have the right to inspect, examine and copy all such <br />books and records of Borrower and Borrower shall, at Lender’s request, furnish such information <br />as Lender may reasonably demand. Borrower shall also ensure that Entity Guarantor maintains <br />accurate and complete books, accounts and records in regard to the Equipment in a manner <br />reasonably acceptable to Lender. Lender and its representatives shall have the right to inspect, <br />4 <br />454752v2 EL185-29 <br />