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<br /> <br />4. Documents to be Delivered. Borrower covenants and agrees to immediately <br />cause the compliance with the following conditions: <br /> <br />(a) Note. Deliver to Lender the Note. <br /> <br />(b) Security Agreement. Deliver to Lender the Security Agreement, together <br />with evidence that a UCC-1 Financing Statement has been or will be duly filed for <br />record. <br /> <br />(c) Personal Guaranty. Deliver to Lender the Personal Guaranty. <br /> <br />(d) Entity Guaranty. Deliver to Lender the Entity Guaranty. <br /> <br />(e) Mortgage. Deliver to Lender the Mortgage, together with evidence that <br />the Mortgage has been or will be duly filed for record. <br /> <br />(f) Bank Loan Documents. Deliver to Lender copies of all of the documents <br />relating to the First Lien Mortgage (the “Bank Loan Documents”). <br /> <br />(g) Environmental Indemnification Agreement. Deliver to Lender the <br />Environmental Indemnification Agreement. <br /> <br />(h) Organizational Documents and Resolutions. Deliver to Lender copies of <br />the (i) articles of organization for Entity Guarantor certified by the Minnesota Secretary <br />of State, (ii) certificate of good standing for Entity Guarantor issued by the Minnesota <br />Secretary of State; (iii) Entity Guarantor’s operating agreement, member control <br />agreement and bylaws; and (iv) certified resolutions of Entity Guarantor authorizing the <br />execution and delivery of the Mortgage, the Entity Guaranty and any other document to <br />be executed by Entity Guarantor pursuant to this Agreement. <br /> <br />(i) Organizational Documents and Resolutions. Deliver to Lender copies of <br />the (i) articles of incorporation for Borrower certified by the Minnesota Secretary of <br />State, (ii) certificate of good standing for Borrower issued by the Minnesota Secretary of <br />State; (iii) Borrower’s bylaws; and (iv) certified resolutions of Borrower authorizing the <br />execution and delivery of the Note, the Security Agreement, and this Agreement and any <br />other document to be executed by Borrower pursuant to this Agreement. <br /> <br />(j) Project Cost and Source of Funds Certificate. Deliver to Lender a sworn <br />certificate detailing costs and sources of funds to be utilized for the Project (“Project Cost <br />Certificate”), in a form acceptable to Lender, verified on oath by a authorized <br />representative of Borrower showing an itemized breakdown of: (i) the source and amount <br />of all Project funds; and (ii) of the total cost of the Project. Not less than 50% of the <br />Project funds must come from a source other than the Loan proceeds. Borrower shall <br />deliver to Lender lien waivers, receipts for payment and other evidence of payment <br />3 <br />487521v2 EL185-45 <br />