6.1 EDSR 05-16-2016 - Laserfiche WebLink

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the source and amount of all Project funds relating to the construction of the building expansion. Not less than fifty percent (50%) of the Project funds must come from a source other than the Loan proceeds. Borrower shall deliver to Lender lien waivers, receipts for payment and other evidence of payment acceptable to Lender with respect to any such portion of costs and charges incurred to the date of the Project Cost Certificate. (j) Insurance. Deliver to Lender: (i) a certificate or policy for all insurance required, under the terms hereof to be maintained by Borrower; and (ii) evidence that no part of the Loan Property is located in an area designated as being a flood plain or flood hazard area as defined by the Flood Hazard Boundary Map published by the Federal Insurance Administration. (k) Compliance With Laws, Etc. Deliver to Lender such evidence as Lender may require as to the compliance of the Loan Property and the Improvements with: (i)all applicable laws, codes, rules, regulations and ordinances, including, without limitation, those relative to environmental protection, protection of wetlands, building and zoning matters and the Americans with Disabilities Act; and (ii) the requirements of any restrictive covenants, conditions and restrictions; conditional use permit and/or planned unit development applicable to the Loan Property. Borrower represents and warrants that it is in the process of obtaining a variance for its intended use of the Loan Property. Borrower shall obtain such variance and provide a copy of the same to Lender on or before the issuance of the Certificate of Occupancy for the Loan Property is issued. (1) Hazardous Substances. Deliver to Lender evidence acceptable to Lender, that: (i) the Loan Property has not been used as a hazardous waste storage facility or burial site;(ii)the soil is free from hazardous waste,hazardous substances,pollutants and contaminants; and (iii) no hazardous waste, hazardous substance, pollutant or contaminant has been used in the construction or use of any building or other improvement on the Loan Property, For purposes of this subparagraph, the terms "hazardous waste," "hazardous substances," "pollutants" and "contaminants" shall include, but not be limited to, polychlorinated biphenyls (PCBs), asbestos, petroleum products and any other chemical or substance determined to be a hazard to human health or the environment. (m) Indemnity. Deliver to Title any indemnity agreement in favor of Title in the term required by Title in order for Title to issue the title insurance policies referred to above. (n) Expend Funds; Lien Waivers; Property Documents. Not later than fifteen (15) days after the issuance of the Certificate of Occupancy for the Project, Borrower shall deliver to Lender: (i) a copy of the Certificate of Occupancy for the Project; (ii) a final Equipment List executed by an officer of Borrower (which, upon acceptance by Lender, will be attached hereto as Exhibit A-1); (iii) a final Project Cost Certificate; and (iv) evidence acceptable to Lender that Borrower has paid all acquisition, delivery and installation costs for the Equipment. 1741240 -4-