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<br />Entity Guarantor in connection with any contracts, documents or agreements referred to <br />herein without the prior written approval of Lender. <br /> <br /> <br />(c)Performance of Note, Security Agreement, etc. Without limiting the <br />foregoing, keep and perform all of the terms, covenants, conditions and requirements of <br />the Note, the Security Agreement, the Life Insurance Security Agreement, the Mortgage, <br />this Agreement and the Contract for Deed Documents. <br /> <br /> <br />(d)Insurance. During the term of this Agreement, Borrower shall procure and <br />maintain or cause to be procured and maintained at its sole expense, casualty insurance, <br />public liability insurance and such other types of insurance as are reasonably required by <br />Lender from time to time, including, without limitation, the coverages expressly required <br />of Entity Guarantor by the Mortgage, insuring Lender and Borrower with coverages, in <br />amounts and with companies satisfactory to Lender. The policy or policies or duly <br />executed certificate or certificates for such insurance and renewals or replacements <br />thereof shall be deposited with Lender. <br /> <br /> <br />(e)Pay Charges. Immediately pay all loan charges including, but not limited <br />to: (i) Lender’s attorneys’ fees; (ii) title insurance fees, costs and premiums; (iii) <br />mortgage registration taxes and filing fees of the Mortgage and any other instruments <br />required under this Agreement. <br /> <br /> <br />(f)Default Notices. Provide Lender with a copy of any default notice <br />received pursuant to the Contract for Deed Documents (to the extent that such notice is <br />sent by a party other than Lender) or any governmental authority, promptly after receipt <br />of the same. <br /> <br /> <br />(g)Continual Operation. At all times while any portion of the Loan remains <br />outstanding, Borrower will: (i) maintain its status as a for profit entity; (ii) maintain a <br />positive net worth; and (iii) will operate its business from the Loan Property in a first <br />class manner. <br /> <br /> <br />(h)Title to Equipment. Borrower represents that Entity Guarantor owns or <br />will own all of the Equipment “free and clear,” that Lender will have a “first priority” <br />lien in the Equipment pursuant to the Security Agreement and that no other party has any <br />right, title or interest in the Equipment. <br /> <br /> <br />13.Warranties. Borrower represents and warrants to Lender the following: <br /> <br /> <br />(a)The Borrower is limited liability company duly formed, validly existing <br />and in good standing under the laws of the State of Minnesota. <br /> <br /> <br />(b)The making and performance of this Agreement and the execution and <br />delivery of the Note, the Mortgage, the Life Insurance Security Agreement, the Security <br />Agreement and any other instrument required hereunder are within the powers of the <br />Borrower and the Entity Guarantor and have been duly authorized by all necessary <br />6 <br />454752v2 EL185-29 <br />