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(o) Consent. Deliver to Lender an original signed and notarized form of <br />consent to the Mortgage from any other lender, if required pursuant to the other loan <br />documents, in the form and content reasonably acceptable to Lender. <br />(p) Bscrow and Disbursement Agreement. Deliver the Escrow and <br />Disbursement Agreement executed by Borrower and Title, to Lender. <br />(q) Lease. Deliver to Lender a copy of the Lease for the use of the Loan <br />Property, executed no later than the date of this Agreement, by and between Entity <br />Guarantor, as landlord, and Borrower, as Tenant. <br />(r) PLgffam Fee. Borrower has paid this fee in full. <br />Lender may waive any of the above requirements in its sole discretion. <br />5. Disbursement of Lean. Upon receipt by Lender of all of the items required <br />pursuant to Section. 4 above in the form and condition required therein and confirmation from <br />Title that Title is prepared to issue the mortgagee's tide insurance policy as required herein, <br />Lender agrees to dishurse the Loan proceeds into the escrow account set up pursuant to the <br />Escrow and Disbursement Agreement by and among Lender, Borrower and Title. <br />174!24v5 <br />6. Fo1givable Loan and Business Subsidy Agreement_ <br />(a) Loan Forgiveness Program. This Load is made pursuant to the Lender's <br />Forgivable Loan Program and pursuant to a Business Subsidy under the Minnesota <br />Statutes, Sections 1161993 to 116J.995 (the "Business Subsidies Act "). <br />(b) Wage and Job Goals_ Borrower acknowledges and agrees that the <br />amount of the Business Subsidy granted to the Borrower under this Agreement is <br />$1 t 1,155.13 and that this Business Subsidy is needed because the Improvement is not <br />sufficiently feasible for the Borrower to undertake without the Business Subsidy. Tile <br />public purpose of the Business Subsidy is to create new full -time jobs in the City of Elk <br />River and to enhance the tax base. Borrower agrees that it will meet the following goals <br />(the "Goals "): (i) a net increase of four (4) new full -time jobs and retain its existing full - <br />time jobs in the City within twenty -four (24) months of the date issuance of the Loan (the <br />"Commencement Date ") at an annual wage of at least $35,040.00 of which at least three <br />(3) of the newly created jobs must be filled by individuals who meet the State of <br />Minnesota's most current low to moderate income guidelines as established by HUD for <br />Sherburne County at time of hire- Borrower agrees to provide documentation that an <br />individual hired for the newly created job meets the low to moderate income guidelines at <br />the time of hire. As of the date of execution of this Agreement, Borrower employs <br />full -time employees. Once Borrower has achieved the Goals, the Goals must be <br />maintained for a period of at least one year. The employees filling the newly created jobs <br />must be filled and maintained employed, full -time, for at least one year following the date <br />of hire that the position is first filled. From and after the Closing Date through and until <br />the Conversion Date (as defined below), Borrower shall not be required to make any <br />-5- <br />