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06-08-2022 Council Packet
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06-08-2022 Council Packet
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73495086v3 <br /> <br /> <br /> <br /> S9-1 <br /> <br />SCHEDULE 9 <br />FORM OF CONSTRUCTION CLOSEOUT DELIVERIES CERTIFICATE <br />____________ __, 20__ <br />Allianz Life Insurance Company of North America, as Funding Lender <br />c/o R4 Capital Funding LLC <br />780 Third Avenue, 16th Floor <br />New York, NY 10017 <br /> <br />R4 Servicer LLC, as Controlling Person <br />155 Federal Street, Suite 1400 <br />Boston, MA 02110 <br />Attention: Greg Doble <br /> <br />Re: Twin Lake Apartments (the “Project Facilities”) <br />Ladies and Gentlemen: <br />The undersigned, being the owner of the Project Facilities hereby certifies to Allianz Life Insurance <br />Company of North America, as the Funding Lender (the “Funding Lender”) and R4 Capital Funding LLC, <br />as Controlling Person (the “Controlling Person”) that that each of the “Construction Closeout Deliveries” <br />(as defined in the Funding Loan Agreement dated as of June 1, 2022 (the “Funding Loan Agreement”) by <br />and among the Funding Lender, the Fiscal Agent and the City of Little Canada (the “Governmental <br />Lender”)) has been attained as of the date hereof and all conditions relating thereto as set forth in the <br />Borrower Loan Agreement dated as of June 1, 2022 between the undersigned and the Governmental Lender <br />(the “Borrower Loan Agreement”) have been satisfied. Capitalized terms used herein and not defined shall <br />have the meanings ascribed thereto in the Funding Loan Agreement or the Borrower Loan Agreement. <br />The undersigned hereby represents and warrants that: <br />1. Attached hereto is an original, executed Architect’s certificate in the form attached hereto <br />as Exhibit A as required by clause (iii) of the definition of “Construction Closeout Deliveries” contained in <br />the Funding Loan Agreement. <br />2. Attached hereto are true, complete and correct copies of all use and occupancy permits <br />issued in connection with the Project Facilities (the “Permits”) as referenced in clause (ii) of the definition <br />of “Completion” contained in the Funding Loan Agreement. The Permits are all of the permits, licenses or <br />approvals required for the occupancy of the Project Facilities as a multifamily residential facility. No <br />appeal, action or proceeding challenging any of the Permits has been filed; there is no pending claim, <br />litigation or governmental proceeding challenging the Permits. <br />3. Attached hereto is a complete schedule of all Punchlist Items referenced in clause (i) of the <br />definition of “Completion” contained in the Funding Loan Agreement. The undersigned has completed all <br />Punchlist Items. <br />4. Attached are lien waivers required by clause (vi) of the definition of “Construction <br />Closeout Deliveries” contained in the Funding Loan Agreement. <br />5. Attached hereto is an endorsement down dating the Title Policy insuring the Mortgage in <br />favor of the Funding Lender (or the Fiscal Agent for the benefit of the Funding Lender), subject only to
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