Laserfiche WebLink
the Property, certified as accurate and complete by an authorized officer of Developer's general <br />partner's sole member. <br />(iv) No material adverse change as determined by Agency in its reasonable <br />judgment shall have occurred in the condition of the Property or in the financial or other <br />condition of Developer since the date of this Agreement. <br />(v) Agency's receipt of a written requisition from Developer specifying the <br />amount and use of the requested funds, accompanied by copies of third-party invoices for <br />services rendered in connection with the Project (accompanied by or to be followed by evidence <br />of payment of such invoices, as applicable), and such other documentation as Agency shall <br />reasonably require, including without limitation, executed consents to the extent required by the <br />Assignment Agreement. <br />(vi) Prior to disbursement of the last One Million Dollars ($1,000,000) of <br />Predevelopment Funds, Agency must receive evidence satisfactory to Agency that all conditions <br />set forth in Section 4. L 1 have been satisfied. <br />4.5.2 Conditions to Disbursement of Construction/Permanent Loan Proceeds. <br />Agency's obligation to fund the Loan and disburse the Loan Proceeds is conditioned upon the <br />satisfaction of all of the following conditions: <br />(i) Developer's execution and delivery to Agency of the Note, the Deed of <br />Trust, the Memorandum, and the Regulatory Agreement. <br />(ii) Recordation of the Memorandum, the Deed of Trust and the Regulatory <br />Agreement in the Official Records. <br />(iii) The Agency's approval of the Ground Lease and the recordation of a <br />Memorandum of Lease in the Official Records. <br />(iv) The issuance by an insurer satisfactory to Agency of an A.L.T.A. lender's <br />policy of title insurance ("Title Policy") for the benefit of Agency in the amount of the Loan, <br />insuring that the lien of the Deed of Trust and the Regulatory Agreement are subject only to the <br />Ground Lease, deeds of trust, regulatory agreements and related documents provided for the <br />benefit of Project lenders approved pursuant to the Financing Plan, and such other defects, liens, <br />conditions, encumbrances, restrictions, easements and exceptions as Agency may approve in <br />writing (collectively, the "Permitted Exceptions") and containing such endorsements as Agency <br />may reasonably require, with the cost of such Title Policy to be paid by Developer. <br />(v) Developer's delivery to the Agency of evidence of property and liability <br />insurance coverage in accordance with the requirements set forth herein. <br />(vi) Developer's delivery to Agency of evidence reasonably satisfactory to <br />Agency that there are no mechanics' liens or stop notices related to the Property or the Project, <br />and Developer's provision to Agency of full waivers or releases of lien clams if required by <br />Agency. <br />> > ~a9a6-s 18 <br />