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6.3. EDSR 09-04-2018
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6.3. EDSR 09-04-2018
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9/17/2018
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(ii) certificate of good standing for Borrower issued by the Minnesota Secretary of State; <br />(iii) Borrower's operating agreement, member control agreement and bylaws; and (iv) <br />certified resolutions of Borrower authorizing the execution and delivery of the Mortgage, <br />the Entity Guaranty and any other document to be executed by Borrower pursuant to this <br />Agreement. <br />(h) Organizational Documents and Resolutions. Deliver to Lender copies of <br />the (i) articles of incorporation for Entity Guarantor certified by the Minnesota Secretary <br />of State, (ii) certificate of good standing for Entity Guarantor issued by the Minnesota <br />Secretary of State; (iii) Entity Guarantor's bylaws; and (iv) certified resolutions of Entity <br />Guarantor authorizing the execution and delivery of the Note and this Agreement and any <br />other document to be executed by Entity Guarantor pursuant to this Agreement. <br />(i) 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 />0) Insurance. Deliver to Lender: (i) a certificate or policy for all insurance <br />required, under the terms hereof to be maintained by Borrower; and (ii) evidence that no <br />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 />(k) Compliance with Laws Etc. Deliver to Lender such evidence as Lender <br />may require as to the compliance of the Loan Property and the Improvements with: (i) all <br />applicable laws, codes, rules, regulations and ordinances, including, without limitation, <br />those relative to environmental protection, protection of wetlands, building and zoning <br />matters and the Americans with Disabilities Act; and (ii) the requirements of any <br />restrictive covenants, conditions and restrictions; conditional use permit or planned unit <br />development applicable to the Loan Property. <br />(1) 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 subparagraph, the terms <br />"hazardous waste," "hazardous substances," "pollutants" and "contaminants" shall <br />include, but not be limited to, polychlorinated biphenyls (PCBs), asbestos, petroleum <br />
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