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6.3. EDSR 09-04-2018
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6.3. EDSR 09-04-2018
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(h) Default Notices. Provide Lender with a copy of any default notice <br />received pursuant to the Bank Loan Documents (to the extent that such notice is send by <br />a party other than Lender) or any governmental authority, promptly after receipt of the <br />same. <br />(i) Positive Net Worth. On the Closing Date and each anniversary thereof, <br />Borrower shall provide interim financial statements (to date) of Borrower consisting of at <br />least statements of income, cash flow, and a balance sheet such year to date, setting forth <br />in each case in comparative form corresponding figures from the previous fiscal year, <br />which statements shall be certified by Borrower as true, correct and complete. In each <br />such interim financial statement, Borrower must show a positive net worth. <br />13. Warranties. Borrower represents and warrants to Lender the following: <br />(a) The Borrower is a corporation duly formed, validly existing and in good <br />standing under the laws of the State of Minnesota. <br />(b) The making and performance of this Agreement and the execution and <br />delivery of the Note, the Mortgage and any other instrument required hereunder are <br />within the powers of the Borrower and have been duly authorized by all necessary <br />company action on the part of the Borrower. This Agreement and the Note, Mortgage <br />and any other instruments required hereunder have been duly executed and delivered and <br />are the legal, valid and binding obligations of the Borrower and the Entity Guarantor <br />enforceable in accordance with their respective terms. <br />(c) No litigation, tax claims or governmental proceedings are pending or <br />threatened against the Borrower, the Entity Guarantor or the Loan Property, and no <br />judgment or order of any court or administrative agency is outstanding against the <br />Borrower, the Entity Guarantor or the Loan Property which would have a material <br />adverse effect on Borrower, the Entity Guarantor or the Loan Property. <br />(d) Borrower and the Entity Guarantor have filed all tax returns (federal and <br />state) required to be filed for all prior years and paid all taxes shown thereon to be due, <br />including interest and penalties. Borrower and the Entity Guarantor will file all such <br />returns and pay all such taxes for the current and future years. <br />(e) All information, financial or other, which has been submitted by <br />Borrower, the personal guarantors, and the Entity Guarantor in connection with the Loan <br />is true, accurate and complete in all material respects. <br />(f) The Borrower and the Entity Guarantor a under common ownership. <br />14. Indemnification. Borrower agrees to indemnify Lender and save it harmless <br />against all loss, liability, expense, or damages including but not limited to attorneys' fees, which <br />may arise by reason of the assertion of any lien against the Loan Property. Borrower will <br />
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