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09-14-11 Additions
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9/15/2011 8:15:21 AM
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9/15/2011 8:13:39 AM
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(c) The Borrower will provide and maintain at all times during the process of <br />constructing the Improvements (and, from time to time at the request of the <br />Lender, furnish the Lender with proof of payment of premiums on) all insurance <br />policies required by the Mortgage, and such other insurance as may be required <br />by the Lender. <br />(d) The Borrower will maintain and permit the Lender, acting by and through its <br />officers, employees and agents, to examine all books, records, contracts, plans, <br />drawings, permits, bills and statements of account pertaining to the Project and to <br />make extracts therefrom and copies thereof. <br />(e) The Borrower will furnish to the Lender as soon as possible and in any event <br />within seven days after the Borrower has obtained knowledge of the occurrence of <br />each Event of Default, or each event which upon the giving of notice or passage <br />of time or both would constitute an Event of Default, which is continuing on the <br />date of such statement, the statement of the Borrower setting forth details of such <br />Event of Default or event and the action which the Borrower proposes to take <br />with respect thereto. <br />(f) Borrower shall furnish Lender with annual unaudited financial statements, in form <br />satisfactory to Lender, reviewed by a certified public accountant, within 90 days <br />after the end of each fiscal year until the Note and the Security Documents are <br />paid and satisfied. <br />(g) <br />Borrower agrees that Lender may, subject to city regulations, place a prominent <br />sign on the Land, at a location to be selected by Lender, advertising Lender's <br />participation in the financing of the Project. <br />(h) The Lender and the Inspection Representative may conduct such inspections of <br />the Project as either may deem necessary for the protection of the Lender's <br />interest. Any such inspection shall be made, and any certificates issues by the <br />Inspection Representative shall be issued, solely for the benefit and protection of <br />the Lender, and the Borrower shall not be entitled to rely thereon. <br />(i) <br />The Borrower shall furnish to the Lender true and correct copies of all leases of <br />all or any part of the Improvements when executed, together with such estoppel <br />certificates and subordination agreements from the tenants under such leases as <br />the Lender may require. <br />(j) The Borrower shall timely and faithfully perform obligations owing from it to any <br />other lender or mortgagee holding a secured position in the Land prior and <br />superior to that of Lender. <br />10 <br />
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