4.5 HRSR 09-06-2016 - Laserfiche WebLink

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• 11. Assignability. Borrower shall not assign this Agreement or all or any part g g Yp of any Advances to be made hereunder without written consent of Lender. 12. Miscellaneous Covenants of Borrower. Borrower covenants and agrees with Lender that,without costs to Lender,Borrower will: (a) Performance of Conditions. Promptly keep, perform and comply with all of the terms, covenants and conditions to be kept and performed by Borrower, as required by the City and any other governmental body having jurisdiction over the Loan Property as a condition of platting, rezoning or developing the Loan Property; keep unimpaired the rights of Borrower under any permit or agreement issued or made by the City or other governmental body having jurisdiction over the Loan Property and the Construction Contracts and any other contracts obtained or held by Borrower in connection with the construction or operation of the Improvements; and to enforce the prompt performance of all of the terms, covenants and conditions to be kept and performed by the City or other governmental body having jurisdiction over the Loan Property, respectively, under any permits or agreements issued or made by the City or such other governmental bodies, or by the architect or other design professional, the general contractor and any other contractors under all contracts obtained or held by Borrower in connection with construction or Y operation of the Improvements. (b) Amendment, Etc. of Documents. Not amend, cancel, terminate, supplement or waive any of the material terms, covenants and conditions of any permit or agreement issued or made by the City or any other governmental body having jurisdiction over the Loan Property, or any other contracts obtained or held by Borrower in connection with the construction of the Improvements or operation of the Loan Property or any contracts, documents or agreements referred to herein without the prior written approval of Lender. Borrower will provide to Lender complete documentation concerning any change made to the Improvements. (c) Performance of Note, Mortgage, Etc. Without limiting the foregoing, keep and perform all of the terms, covenants, conditions and requirements of the Note,the Mortgage,and this Agreement. (d) Insurance. During the term of the Mortgage, Borrower shall procure and maintain or cause to be procured and maintained at its sole expense builder's risk insurance, casualty insurance, public liability insurance and such other types of insurance as are reasonably required by Lender from time to time, including, without limitation, the coverages expressly required by the Mortgage, insuring Lender and Borrower with coverages, in amounts and with companies satisfactory to Lender. The policy or 385593v4 JSB ELI 85-12 -7-