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4 <br />611366v1EL185-30 <br />(j) 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 /> <br />(k) Compliance with Laws, Etc. Deliver to Lender such evidence as Lender <br />may require as to the compliance of the Loan Property with: (i) all applicable laws, <br />codes, rules, regulations and ordinances, including, without limitation, those relative to <br />environmental protection, protection of wetlands, building and zoning matters and the <br />Americans with Disabilities Act; and (ii) the requirements of any restrictive covenants, <br />conditions and restrictions; conditional use permit or planned unit development <br />applicable to the Loan Property. <br /> <br />(l) 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 />products and any other chemical or substance determined to be a hazard to human health <br />or the environment. <br /> <br />(m) Lease. Deliver to Lender a copy of the lease agreement for the use of the <br />Loan Property, executed no later than the date of this Agreement, by and between <br />Borrower, as landlord, and Entity Guarantor, as tenant (the “Lease”). <br /> <br />(n) Program Fee. Deliver to Lender the processing fee of $2,000; the Lender <br />acknowledges that the Borrower has previously paid the Lender’s program fee. <br /> <br />Lender may waive any of the above requirements in its sole discretion. <br /> <br /> 5. Omitted. <br /> <br />6. Disbursement of Loan. Upon receipt by Lender of all of the items required <br />pursuant to Section 4 above, the Lender shall disburse the proceeds of the New Loan to the <br />Borrower. <br /> <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 /> <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