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3 <br />EL185\81\983245.v1 <br /> <br />(g) Organizational Documents and Resolutions. Deliver to Lender copies of <br />the (i) articles of incorporation for the Borrower certified by the Minnesota Secretary of <br />State, (ii) a certificate of good standing for the Borrower issued by the Minnesota <br />Secretary of State; (iii) bylaws for the Borrower; and (iv) certified resolutions of the <br />Borrower authorizing the execution and delivery of this Agreement, the Note and any <br />other document to be executed by Borrower pursuant to this Agreement. Deliver to <br />Lender copies of the (i) articles of incorporation for the Corporate Guarantor certified by <br />the Minnesota Secretary of State, (ii) a certificate of good standing for the Corporate <br />Guarantor issued by the Minnesota Secretary of State; (iii) bylaws for the Corporate <br />Guarantor; and (iv) certified resolutions of the Corporate Guarantor authorizing the <br />execution and delivery of this Agreement, the Note and any other document to be <br />executed by Corporate Guarantor pursuant to this Agreement <br /> <br />(h) 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 />(i) 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 />(j) 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 />(k) 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, with at least a 5 year <br />term commencing upon issuance of a certificate of occupancy for the Loan Property, by <br />and between the Borrower and the Corporate Guarantor (the “Lease”). <br /> <br />(l) Program Fee. Deliver to Lender the program fee of $2,000. <br /> <br />Page 46 of 124