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3.1. EDSR 03-27-2015
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3.1. EDSR 03-27-2015
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3/26/2015 12:11:07 PM
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741240 <br />the source and amount of all Project funds relating to the construction of the building <br />expansion. Not less than fifty percent (50 (/fl) of the Project funds must come from a <br />source other than the Loan proceeds. Borrower shall deliver to Lender lien waivers, <br />receipts for payment and other evidence of payment acceptable to Lender with respect to <br />any such portion of costs and charges incurred to the date of the Project Cost Certificate. <br />0) Insurance. Deliver to Lender: (i) a certificate or policy for all insurance <br />required, under the terms hereof to be maintained by Borrower; and (ii) evidence that no <br />part of the Loan Property is located in an area designated as being a flood plain or flood <br />hazard area as defined by the Flood Hazard Boundary Map published by the 'Federal <br />Insurance Administration. <br />(k) Compliance With Laws, Etc, Deliver to Lender such evidence as Lender <br />may require as to the compliance of the Loan Property and the Improvements with. (i) all <br />applicable laws, codes, rules, regulations and ordinances, including, without limitation, <br />those relative to environmental protection, protection of wetlands, building and zoning <br />matters and the Americans with Disabilities Act; and (ii) the requirements of any <br />restrictive covenants, conditions and restrictions; conditional use permit and /or planned <br />unit development applicable to the Loan Property. Borrower represents and warrants that <br />it is in the process of obtaining a variance for its intended use of the Loan Property. <br />Borrower shall obtain such variance and provide a copy of the same to Lender on or <br />before the issuance of the Certificate of Occupancy for the Loan Property is issued. <br />(1) 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 tlkis 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 deterniined to be a hazard to Duman health <br />or the environment. <br />(m) Indemnity. Deliver to Title any indemnity agreement in favor of Title ill <br />the form required by Title in order for Title to issue the title insurance policies referred to <br />above. <br />(n)x eetd Funds Lien Waivers Pro erg Documents. Not later than fifteen <br />(15) days after the issuance of the Certificate of Occupancy for tree Project, Borrower <br />shall deliver to Lender: (i) a copy of the Certificate of Occupancy for the Project; (ii) a <br />final Equipment List executed by an officer of Borrower (which, upon acceptance by <br />Lender, will be attached hereto as Exhibit A -1); (iii) a final Project Cost Certificate; and <br />(iv) evidence acceptable to Lender that Borrower has paid all acquisition, delivery and <br />installation costs for the Equipment. <br />152 <br />
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