Laserfiche WebLink
part of the Loan Property is located in an area designated as being a flood plain or flood <br />hazard area as defined by the Flood Hazard Boundary Map published by the Federal <br />Insurance Administration. <br />(h) Compliance with Laws, Etc. Deliver to Lender such evidence as Lender <br />may require as to the compliance of the Loan Property with: (i) all applicable laws, <br />codes, rules, regulations and ordinances, including, without limitation, those relative to <br />environmental protection, protection of wetlands, building and zoning matters and the <br />Americans with Disabilities Act; and (ii) the requirements of any restrictive covenants, <br />conditions and restrictions; conditional use permit or planned unit development <br />applicable to the Loan Property. <br />(i) Hazardous Substances. Deliver to Lender evidence acceptable to Lender, <br />that: (i) the Loan Property has not been used as a hazardous waste storage facility or <br />burial site; (ii) the soil is free from hazardous waste, hazardous substances, pollutants and <br />contaminants; and (iii) no hazardous waste, hazardous substance, pollutant or <br />contaminant has been used in the construction or use of any building or other <br />improvement on the Loan Property. For purposes of this paragraph (i), the terms <br />"hazardous waste," "hazardous substances," "pollutants" and "contaminants" shall <br />include, but not be limited to, polychlorinated biphenyls (PCBs), asbestos, petroleum <br />products and any other chemical or substance determined to be a hazard to human health <br />or the environment. <br />0) Program Fee. Deliver to Lender the program fee of $2,000; the Lender <br />acknowledges that the Borrower has previously paid the Lender's program fee. <br />(k) Indemnity. Deliver to Title any indemnity agreement in favor of Title in <br />the form required by Title in order for Title to issue the title insurance policies referred to <br />above. <br />(1) 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 />acceptable to Lender with respect to any such portion of costs and charges incurred to the <br />date of the Project Cost Certificate. <br />(m) Blighted Condition. Deliver to the Lender evidence that at least one <br />building on the Loan Property is structurally substandard as established by Minnesota <br />Statutes, Section 117.025, subdivision 7. <br />Lender may waive any of the above requirements in its sole discretion. <br />3 <br />498527v1 EL185 -51 <br />