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77060900v2 <br /> <br /> <br /> <br /> S9-2 <br /> <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 <br />Permitted Encumbrances, as required by clause (viii) of the definition of “Construction Closeout <br />Deliveries” contained in the Funding Loan Agreement. <br />6. Attached hereto is an as-built ALTA/ACSM Urban Class Survey, certified to the Funding <br />Lender, Fiscal Agent and the Controlling Person and meeting the requirements of clause (ix) of the <br />definition of “Construction Closeout Deliveries” contained in the Funding Loan Agreement. <br />7. Attached hereto is evidence of completion of the Environmental Completion Conditions. <br />8. Attached hereto is evidence of insurance meeting the requirements of Section 6.4 of the <br />Loan Agreement. <br />9. Attached hereto is evidence of payment of all Impositions which are due and payable. <br /> LITTLE CANADA PHASE II LIMITED <br />PARTNERSHIP, a Minnesota limited partnership <br />By: LITTLE CANADA PHASE II GP, LLC, a <br />Minnesota limited liability company, its <br />general partner <br />By:________________________________ <br />Name: <br />Title: <br /> <br />Accepted and agreed to by: <br />R4 SERVICER LLC, as Controlling Person <br />By: __________________________ <br />Name: <br />Title: <br />Effective Date: <br /> <br />