4.6. SR 08-20-2018 - Laserfiche WebLink

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5.Rebates.Pursuant to the Energy Efficiency Improvement Program, Lender expects to receive certain rebates (the “Rebates”) relating to the energy efficiency improvements made by Borrower to the Loan Property. By executing this Agreement, Borrower assigns and Lender assumes all right and title to proceeds from any Rebate arising from the Improvements. Borrower will execute any documentation reasonably necessary to effectuate such assignment and will otherwise assist Lender in a timely manner to obtain any available Rebate. All proceeds of the Rebates received by Lender will be applied to the outstanding principal balance of this Note as set forth therein. 6.AccesstoLoanProperty. Lender and its respective representatives shall have at all reasonable times the right to enterand have free access to the Project and the Loan Property and the right to inspect all work done, labor performed and material furnished in connection therewith. 7.BooksandRecords. Borrower agrees to maintain accurate and complete books, accounts and records in regard to the Loan Property in a manner reasonably acceptable to Lender. Lender and its representatives shall have the right to inspect, examine and copy all such books and records of Borrower and Borrower shall, at Lender's request, furnish such information as Lender may reasonably demand. 8.EncumbrancesandTransfer. Borrower agrees not to sell, transfer, lease or convey its interest in the Loan Property or any part thereof, or any interest therein, or further encumber the Loan Property or any part thereof, in any manner, without written consent of Lender which consent may be granted or withheld in the sole discretion of Lender. This requirement shall apply to each and every sale, transfer, lease, conveyance or encumbrance, whether voluntary or involuntary and whether or not Lender has consented to any such prior sale, transfer, lease, conveyance or encumbrance. 9.TimeofEssence. Time is of the essence in the performance of this Agreement. 10.Assignability. Borrower shall not assign this Agreement or all or any part of any Advances to be made hereunder without written consent of Lender, which consent may be withheld, conditioned or delayed in Lender’s sole discretion. Lender may freely assign or otherwise transfer (including by participation) all or any part of its interest in the Loan or any or all of the Loan documents, in Lender’s sole discretion. 11.MiscellaneousCovenantsofBorrower. Borrower covenants and agrees with Lender that, without costs to Lender, Borrower will: (a)Performance of Conditions. Promptly keep, perform and comply with all of the terms, covenants and conditions to be kept and performed by Borrower, as required by the City and any other governmental body having jurisdiction over the Loan Property as a condition of platting, rezoning or developing the Loan Property; keep unimpaired the rights of Borrower under any 533940v3 GAF EL185-57 -5-