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(g) Lease. Deliver to Lender a copy of the lease agreement for the use of the <br /> Loan Property, executed no later than the date of this Agreement, with at least a 5 year <br /> term commencing upon issuance of a certificate of occupancy for the Development <br /> Property, by and between.PLM Properties, LLC (the "Landlord"), as landlord, and <br /> Tradition, as tenant(the"Lease"). <br /> (h) Program Fee. Deliver to Lender the program fee of$2,000. <br /> Lender may waive any of the above requirements in its sole discretion. <br /> 4. Disbursement of Loan. Upon receipt by Lender of all of the items required <br /> pursuant to Section 3 above in the form and condition required therein, Lender agrees to disburse <br /> the Loan proceeds to Borrowers. <br /> 5. Access to Loan Property. Lender and its respective representatives shall have at <br /> all reasonable times the right to enter and have free access to the Loan Property and the right to <br /> inspect the Loan Property. <br /> 6. Books and Records. Borrowers agree to maintain accurate and complete books, <br /> accounts and records in regard to the Loan Property and Equipment in a manner reasonably <br /> acceptable to Lender. At Lender's request, the Borrowers shall furnish all such books, accounts <br /> and records to the Lender's municipal or financial advisor as reasonably demanded. The <br /> Lender's municipal advisor or financial advisor shall have the right to inspect, examine and copy <br /> all such books, accounts and records. The Borrowers will not be required to provide their books, <br /> accounts and records directly to the Lender. At the time of Lender's request of Borrowers' <br /> books, accounts and records, the Borrowers, Lender, and municipal or financial advisor shall <br /> enter into a non-disclosure agreement regarding the use and confidentiality of such information. <br /> The Borrowers shall pay all costs associated with any analysis undertaken by the Lender's <br /> municipal or financial advisor and all costs and attorneys fees with respect to the drafting and <br /> negotiation of any non-disclosure agreement. <br /> 7. Encumbrances and Transfer. Other than any mortgage to finance improvements <br /> to or operations at the Loan Property and the Lease from the Landlord to Tradition, Borrowers <br /> agree not to sell, transfer, lease or convey the Loan Property or any part of it, or any interest <br /> therein, or encumber the Loan Property or any part of it, in any manner, without written consent <br /> of Lender which consent may be granted or withheld in the sole discretion of Lender. This <br /> requirement shall apply to each and every sale, transfer, lease or conveyance, whether voluntary <br /> or involuntary and whether or not Lender has consented to any such prior sale, transfer lease or <br /> conveyance. Heritage has agreed, pursuant to the Security Agreement, not to sell, transfer, lease <br /> or convey the Equipment or any part of it, or any interest therein, or encumber the Equipment or <br /> any part of it, in any manner, without the written consent of Lender which consent may be <br /> granted or withheld in the sole discretion of Lender. This requirement shall apply to each and <br /> every sale, transfer, lease or conveyance, whether voluntary or involuntary and whether or not <br /> Lender has consented to any such prior sale, transfer lease or conveyance. <br /> 3 <br /> 491713v1 EL185-46 <br />