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<br />533940v3 GAF EL185-57533940v3 GAF EL185-57 <br />-5- <br />to accomplish any post-Closing inspections of the Improvements. The post- <br />completion inspection of the Improvements will be considered timely if it occurs <br />on or before the thirtieth (30th) day after issuance of the Certificate of Occupancy <br />for the Loan Property. <br /> <br /> (nl) Program Fee. Deliver to Lender the program fee of $2,000.00. <br /> <br />(om) Lease. Deliver to Lender a lease for the Loan Property by and <br />between Corporate Guarantor, as landlord, and Borrower, as Tenant. <br /> <br />Lender may waive any of the above requirements in its sole discretion. <br /> <br /> 5.4. Disbursement of Loan. Upon receipt by Lender of the items required <br />pursuant to paragraph 4 above, the Lender shall disburse the proceeds of the New Loan to <br />the Borrower. <br /> <br /> 6.5. Rebates. Pursuant to the Energy Efficiency Improvement Program, <br />Lender expects to receive certain rebates (the “Rebates”) relating to the energy efficiency <br />improvements made by Borrower to the Loan Property. By executing this Agreement, <br />Borrower assigns and Lender assumes all right and title to proceeds from any Rebate <br />arising from the Improvements. Borrower will execute any documentation reasonably <br />necessary to effectuate such assignment and will otherwise assist Lender in a timely <br />manner to obtain any available Rebate. All proceeds of the Rebates received by Lender <br />will be applied to the outstanding principal balance of this Note as set forth therein. <br /> <br /> 7.6. Access to Loan Property. Lender and its respective representatives shall <br />have at all reasonable times the right to enter and have free access to the Project and the <br />Loan Property and the right to inspect all work done, labor performed and material <br />furnished in connection therewith. <br /> <br /> 8.7. Books and Records. Borrower agrees to maintain accurate and complete <br />books, accounts and records in regard to the Loan Property in a manner reasonably <br />acceptable to Lender. Lender and its representatives shall have the right to inspect, <br />examine and copy all such books and records of Borrower and Borrower shall, at <br />Lender's request, furnish such information as Lender may reasonably demand. <br /> <br />9.8. Encumbrances and Transfer. Borrower agrees not to sell, transfer, lease or <br />convey its interest in the Loan Property or any part thereof, or any interest therein, or <br />further encumber the Loan Property or any part thereof, in any manner, without written <br />consent of Lender which consent may be granted or withheld in the sole discretion of <br />Lender. This requirement shall apply to each and every sale, transfer, lease, conveyance <br />or encumbrance, whether voluntary or involuntary and whether or not Lender has <br />consented to any such prior sale, transfer, lease, conveyance or encumbrance. <br /> <br /> 10.9. Time of Essence. Time is of the essence in the performance of this <br />Agreement.