6.5. EDSR 08-20-2018 - Laserfiche WebLink

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533940v3 GAF EL185-57533940v3 GAF EL185-57 -4- area designated as being a flood plain or flood hazard area as defined by the Flood Hazard Boundary Map published by the Federal Insurance Administration. (hg) Compliance With Laws, Etc. Deliver to Lender such evidence as Lender may require as to the compliance of the Loan Property and the Improvements with: (i) all applicable laws, codes, rules, regulations and ordinances, including, without limitation, those relative to environmental protection, protection of wetlands, building and zoning matters and the Americans with Disabilities Act; and (ii) the requirements of any restrictive covenants, conditions and restrictions; conditional use permit and/or planned unit development applicable to the Loan Property. (ih) Hazardous Substances. Deliver to Lender evidence acceptable to Lender, that: (i) the Loan Property has not knowingly been used as a hazardous waste storage facility or burial site; (ii) the soil is believed to be free from hazardous waste, hazardous substances, pollutants and contaminants; and (iii) no known hazardous waste, hazardous substance, pollutant or contaminant has been used in the construction or use of any building or other improvement on the Loan Property. For purposes of this subparagraph, the terms "hazardous waste," "hazardous substances," “pollutants” and "contaminants" shall include, but not be limited to, polychlorinated biphenyls (PCBs), asbestos, petroleum products and any other chemical or substance determined to be a hazard to human health or the environment. (j) Indemnity. Deliver to Title any indemnity agreement in favor of Title in the form required by Title in order for Title to issue the title insurance policies referred to above. (ki) Contractors. All contractors and subcontractors must be bonded, insured and licensed to do business in the State of Minnesota and be of good repute. Lender reserves the right to reject any contractor or subcontractor that does not meet the requirement of the previous sentence. (lj) Source of Funds Certificate. Deliver to Lender a sworn source of funds certificate ("Source of Funds Certificate"), in a form acceptable to Lender, verified on oath by a manager of Borrower showing an itemized breakdown of: (i) the source and amount of all Project funds; and (ii) of the total cost of the Improvements, including, without limitation, the cost of constructing the Improvements, any special assessments, soft costs and all other costs and charges to be paid from the Loan proceeds and/or other Project funds or necessary to complete the Improvements. Borrower shall deliver to Lender lien waivers, receipts for payment and other evidence of payment acceptable to Lender with respect to any such portion of costs and charges incurred to the date of the Source of Funds Certificate. (mk) EDA Review & Rebates. Deliver to Lender copies of the list of rebates related to the approved Improvements. Borrower shall work with Lender