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(0 Pay Certain Costs. Immediately after written demand from Lender and <br /> without regard to whether or not any of the Loan proceeds have been <br /> advanced under this Agreement, pay or cause to be paid from time to time <br /> if requested by Lender, costs referred to in the preliminary Project Cost <br /> Certificate (or, from and after such 30th day, the final Project Cost <br /> Certificate) in an amount equal to the costs referred to therein in excess of <br /> the Loan proceeds remaining available to be advanced to pay such costs, <br /> and furnish to Lender proof of payment thereof satisfactory to Lender and <br /> Title. <br /> (g) Copies of Plans. Contracts, etc. Furnish Lender from time to time as <br /> reasonably requested by Lender, copies of the plans and specifications, <br /> contracts and any other specifications and contracts relating to the <br /> Improvements together with estimated costs of such Improvements. <br /> (h) Default Notices. Provide Lender with a copy of any default notice <br /> received pursuant to the Contracts for Deed, promptly after receipt of the <br /> same. <br /> (i) Continual Operation. At all times while any portion of the Loan remains <br /> outstanding, Borrower will: (i) maintain its status as a for profit entity; <br /> (ii)maintain a positive net worth; and (iii) will operate its business from <br /> the Loan Property in a first class manner. <br /> (1) Title to Equipment. Borrower owns or will own all of the Equipment "free <br /> and clear," that Lender will have a "first position" lien in the Equipment <br /> pursuant to the Mortgage and that no other party has any right, title or <br /> interest in the Equipment. <br /> (k) Lease Termination. The lease between Moulton Investment Company and <br /> Sweet P's Ice Cream and Candies, assigned to Borrower on or about <br /> February 1, 2013, will be terminated and the tenant thereunder will be <br /> removed from the Loan Property within fifteen (15) days after the Loan <br /> proceeds are disbursed. <br /> 13. Warranties. Borrower represents and warrants to Lender the following: <br /> (a) The Borrower is corporation duly formed, validly existing and in good <br /> standing under the laws of the State of Minnesota. <br /> (b) The making and performance of this Agreement and the execution and <br /> delivery of the Note, the Mortgage and any other instrument required <br /> hereunder are within the powers of the Borrower and have been duly <br /> authorized by all necessary company action on the part of the Borrower. <br /> This Agreement and the Note, the Mortgage and any other instruments <br /> -'7- <br />