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detailing all easements, encroachments, and utility rights of way upon the Land, <br />showing the location of adjoining public streets so as to affirmatively show rights of <br />ingress and egress to and from the Land, and indicating that the location of the <br />Existing Improvements will be within the boundary lines of the Land. <br />"Sworn Construction Cost Statements" has the meaning assigned to it in <br />Section 2.3 (d) and 2.4 (d) hereof. <br />"Tenant" means any tenant under any of the Leases. <br />"Title" means [name of title company]. <br />"Title Commitment" means that certain commitment for Mortgagee's Policy <br />of Title Insurance in the total aggregate amount of $1,900,000 issued by Title. <br />"Work" means the Rehabilitation Work and the Enhancement Work. <br />2. Required Documents. Developer shall deliver the documents and instruments <br />described below to the EDA on or before the dates set forth below. The Developer's <br />delivery of the documents and instruments described below to the EDA on or before the <br />dates set forth below is a condition precedent to the EDA's obligation to perform any of the <br />obligations of the EDA under this agreement which arise on or after the date the Developer <br />is to deliver the documents or instruments to the EDA. <br />304291.2 <br />2.1 Prior to or Contemporaneously With the Execution of this Agreement, <br />Developer Shall Deliver the Following Documents and /or Instruments to the EDA: <br />(a) The Title Commitment pursuant to which Title commits to issue <br />a mortgagee's policy of title insurance that: <br />(i) Specifically insures that the Mortgage is a first lien upon <br />the Project subject only to the permitted encumbrances; <br />(ii) Waives the following standard exceptions and insures <br />over (x) facts which would be disclosed by a comprehensive survey of <br />the premises, (y) rights and claims of parties in possession other than <br />Tenants under the Leases, and (z) mechanic's, contractor's or <br />materialman's liens and lien claims; <br />(iii) Commits to issue a Form 100 Endorsement; <br />(iv) Commits to issue a contiguity endorsement; <br />(v) Insures against any claim of usury. <br />Page 7 <br />