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<br />533940v3 GAF EL185-57533940v3 GAF EL185-57 <br />-3- <br /> Borrower agrees to commence construction of the Improvements promptly after <br />the Closing Date and to carry on continuously, diligently and with reasonable dispatch <br />the construction of the Improvements to full and final completion. <br /> <br /> The proceeds of the Original Loan financed the construction of certain other <br />energy efficiency improvements to the Loan Property. <br /> <br /> 3. [Title Insurance. __________ ("Title"), is designated as the title <br />insurer with respect to this Agreement. Title will insure Lender against loss or <br />damage on account of mechanic's liens upon or unmarketability of the title to the <br />Loan Property, and will insure that the Mortgage constitutes a lien upon Corporate <br />Guarantor’s interest in the Loan Property, , as contemplated by this Agreement. <br />Borrower agrees to promptly and fully observe and comply with the reasonable <br />requirements of Title and Lender with respect to the title, the Mortgage, <br />disbursements of funds and such other reasonable requirements as Title may make.] <br /> 4. Borrower’s Deliverables. Borrower covenants and agrees to immediately <br />cause the compliance with the following conditions, which full and timely compliance is <br />a condition precedent to Lender’s obligations under this Agreement: <br /> <br /> (a) Note. Deliver to Lender the Note. <br /> <br /> (b) Security Agreement. Deliver to Lender the Security Agreement. <br />The Security Agreement was executed in connection with the Original Loan and <br />remains in full force and effect. <br /> <br /> (c) Guaranties. Deliver to Lender the Guaranties. <br /> <br /> (d) Mortgage. Deliver to Lender the Mortgage, together with evidence <br />that the Mortgage has been or will be duly filed for record. <br /> <br /> (e) Title Insurance Policy. Deliver to Lender a Mortgagee's title <br />insurance policy ("Title Policy"), from Title issued to Lender in the amount of the <br />Note with respect to the Mortgage and insuring that the Mortgage is a lien on the <br />Loan Property free and clear of all mechanic's liens, materialmen's liens, taxes, <br />special assessments, rights of parties in possession; (f) Organizational <br />Documents and Resolutions - Borrower. Deliver to Lender copies of: (i) the <br />Articles of Incorporation for Borrower, certified by the Minnesota Secretary of <br />State, (ii) a certificate of good standing for Borrower issued by the Minnesota <br />Secretary of State; (iii) the bylaws for Borrower; and (iv) a certified copy of <br />resolutions of Borrower authorizing the execution and delivery of this Agreement, <br />the Note, the Security Agreement, and any other document to be executed by <br />Borrower pursuant to this Agreement. <br /> <br /> (gf) Insurance. Deliver to Lender: (i) a certificate or policy for all <br />insurance required, under the terms hereof or of the Mortgage, to be maintained <br />by Borrower; and (ii) evidence that no part of the Loan Property is located in an