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06-20-11 Council Agenda
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06-20-11 Council Agenda
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(g) <br />construction or use of the Project and that all building, zoning, environmental and <br />other permits or licenses required for construction have been obtained and are in <br />full force and effect. <br />Copies of the policies of builder's risk insurance and comprehensive general <br />liability insurance and a certificate of the worker's compensation insurance, and <br />any other coverages required under the Mortgage, with all such insurance in full <br />force and effect. <br />(h) A detailed schedule of all equipment and fixtures to be installed in or used in the <br />operation of the Project. <br />Section 3.2. Further Conditions Precedent to Any Advance. The obligation of the <br />Lender to make each Advance (including the initial Advance) shall be subject to the further <br />conditions precedent that on the date of such Advance: <br />(a) No Event of Default hereunder, or event which would constitute an Event of <br />Default upon the giving of notice or the passage of time or both, shall have <br />occurred and be continuing, and all representations and warranties made by the <br />Borrower in Article IV shall continue to be true and correct as of the date of such <br />Advance. <br />(b) <br />(e) <br />The Borrower shall have provided to Lender such evidence of compliance with <br />any provisions of this Agreement as the Lender may reasonably request. <br />No license or permit necessary for the construction of the Project shall have been <br />revoked or the issuance thereof subjected to challenge before any court or other <br />governmental authority having or asserting jurisdiction thereover. <br />(d) All real estate taxes then due and payable and all special assessments against the <br />I.,and and its Improvements shall be paid in full. <br />(e) Borrower shall have commenced construction on or before 2011, <br />and be diligently proceeding with construction in accordance with the <br />construction timetable submitted to and approved by the Lender. The initial <br />Advance shall have been requested and all conditions thereto satisfied on or <br />before , 2011. <br />ARTICLE IV <br />Representations and Warranties <br />Section 4.1. Borrower's Continuing Representations and Warranties. For so long as <br />there are any amounts remaining unpaid pursuant to the Note or this Agreement, the Borrower <br />represents and warrants to Lender that: <br />7 <br />11 <br />
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