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document and the Borrower's obligations thereunder shall continue until the Loan and all <br />accrued interest is repaid in full. <br />7. Access to Loan Property. Lender and its respective representatives shall have at <br />all reasonable times the right to enter and have free access to the Loan Property and the right to <br />inspect the Loan Property. <br />8. Books and Records. Borrower agrees to maintain accurate and complete books, <br />accounts and records in regard to the Loan Property in a manner reasonably acceptable to <br />Lender. Lender, acting solely through its municipal or financial advisor, shall have the right to <br />inspect, examine and copy all such books and records of Borrower and Borrower shall, at <br />Lender's request, furnish such information solely to the Lender's municipal or finance advisor, <br />as may reasonably be demanded. The Borrower will not be required to provide its books and <br />records directly to the Lender. Borrower shall also ensure that Entity Guarantor maintains <br />accurate and complete books, accounts, and records in a manner reasonably acceptable to <br />Lender. Lender and its representatives shall have the right to inspect, examine and copy all such <br />books and records of Entity Guarantor and Entity Guarantor shall, at Lender's request, furnish <br />such information as Lender may reasonably demand. <br />9. Encumbrances and Transfer. Other than the First Lien Mortgage and the Lease <br />from the Entity Guarantor, Borrower agrees not to sell, transfer, lease or convey the Loan <br />Property or any part of it, or any interest therein, or encumber the Loan Property or any part of it, <br />in any manner, without written consent of Lender which consent may be granted or withheld in <br />the sole discretion of Lender. This requirement shall apply to each and every sale, transfer, lease <br />or conveyance, whether voluntary or involuntary and whether or not Lender has consented to any <br />such prior sale, transfer lease or conveyance. This requirement shall apply to each and every <br />sale, transfer, lease or conveyance, whether voluntary or involuntary and whether or not Lender <br />has consented to any such prior sale, transfer lease or conveyance. <br />10. Time of Essence. Time is of the essence in the performance of this <br />Agreement. <br />11. Assi ability. Borrower shall not assign this Agreement without written consent <br />of Lender, which consent may be withheld, conditioned or delayed in Lender's sole discretion. <br />Lender may freely assign or otherwise transfer (including by participation) all or any part of its <br />interest in the Loan or any or all of the Loan documents, in Lender's sole discretion. <br />12. Miscellaneous Covenants of Borrower. Borrower covenants and agrees with <br />Lender that, without cost to Lender, Borrower will or will cause Entity Guarantor to: <br />(a) Performance of Conditions. Promptly keep, perform and comply with all <br />of the terms, covenants and conditions to be kept and performed by Borrower and/or <br />Entity Guarantor, as required by the City of Elk River (the "City") and any other <br />governmental body having jurisdiction over the Loan Property as a condition of platting, <br />rezoning or developing the Loan Property; keep unimpaired the rights of Borrower and/or <br />Entity Guarantor under any permit or agreement issued or made by the City or other <br />