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09-14-11 Additions
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9/15/2011 8:15:21 AM
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(c) <br />(ii) Invoices, paid receipts, draw requests by any Subcontractor, and such <br />other supporting evidence as may be requested by Lender to substantiate <br />all payments which are to be made out of the relevant Draw Request <br />and /or to substantiate all payments of Project Costs then made. <br />(iii) An opinion of the Inspection Representative of Lender that all work then <br />in place in the Improvements conforms to the Plans, that the undisbursed <br />amount of the Commitment is then sufficient to complete the Improve- <br />ments, and that each Subcontractor to be paid out of such Draw Request <br />has satisfactorily completed the work for which payment is to be made in <br />accordance with its contract. <br />At the time of submission of the final Draw Request, which shall not be submitted <br />before completion of the Improvements, including all landscaping requirements, <br />the Borrower shall submit to the Lender the following: <br />(i) A written lien waiver from each Subcontractor for all work done and for <br />all materials furnished by them for the Improvements. <br />(ii) Such other supporting evidence as may be requested by the Lender or Title <br />to substantiate all payments which are to be made out of the final Draw <br />Request and /or to substantiate all payments then or theretofore made with <br />respect to the Improvements. <br />(iii) <br />A certificate of completion by the Owner that all work has been duly <br />inspected and approved by all governmental authorities having jurisdiction <br />and by all necessary insurance inspection organizations, and that all <br />requisite certificates of occupancy and other permits and approvals <br />necessary for use and occupancy of the Project have been issued. <br />(d) If on the date an Advance is desired, the Borrower has performed all of its <br />agreements and has complied with all requirements therefor to be performed or <br />complied with by it hereunder, and the Lender receives a satisfactory opinion <br />from its Inspection Representative recommending payment of the relevant Draw <br />Request, the Lender shall pay to Borrower, or directly to Borrower's Sub <br />Contractor(s), the amount of the requested Advance. Each Advance disbursed to <br />Borrower or to its Sub Contractor(s) shall bear interest at the rate provided in the <br />Note from the date such Advance is so disbursed by Lender to Borrower or its <br />Sub Contractor(s). <br />Section 2.3. Deposit of Funds by Borrower. If the Lender shall at any time in good faith <br />determine that the amount required to pay all unpaid costs and expenses of any kind which have <br />been incurred or reasonably may be anticipated in connection with the completion of the <br />Improvements exceeds the undisbursed amount of the Commitment and other sums which have <br />5 <br />
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