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200003557
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Last modified
10/13/2011 12:55:36 PM
Creation date
10/20/2005 8:20:36 PM
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DEEDS
Inst Number
200003557
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200003557 <br />completed in accordance with applicable laws. Each request for disbursement shall include copies <br />of invoices for all items or materials purchased and all contracted labor or services provided and <br />each request shall include evidence satisfactory to Lender of payment of all such amounts. Except <br />as provided in Section 3(d), each request for disbursement from the Required Repair Reserve shall <br />be made only after completion of the Required Repair for which disbursement is requested. <br />Borrower shall provide Lender evidence of completion satisfactory to Lender in its reasonable <br />judgment. <br />(c) Disbursement Conditions. Borrower shall pay all invoices in connection with the <br />Required Repairs with respect to which a disbursement is requested prior to submitting such <br />request for disbursement from the Required Repair Reserve. In addition, as a condition to any <br />disbursement, Lender may require Borrower to obtain lien waivers from each contractor, supplier, <br />materialman, mechanic or subcontractor who receives payment in an amount equal to or greater <br />than $10,000 for completion of its work or delivery of its materials. Any lien waiver delivered <br />hereunder shall conform to the requirements of applicable law and shall cover all work performed <br />and materials supplied (including equipment and fixtures) for the Property by that contractor, <br />supplier, subcontractor, mechanic or materialman through the date covered by the current <br />reimbursement request. <br />(d) Partial Completion. If (i) the time required to complete a Required Repair exceeds <br />one month, (ii) the contractor performing such Required Repair requires periodic payments pursuant <br />to the terms of a written contract, (iii) Lender has approved in writing in advance such periodic <br />payments, and (iv) the cost of the portion of the work completed under such contract exceeds <br />$10,000, a request for reimbursement from the Required Repair Reserve may be made after <br />completion of a portion of the work under such contract, provided (A) such contract requires <br />payment upon completion of such portion of the work, (B) the materials for which the request is <br />made are on site at the Property and are properly secured or have been installed in the Property, <br />(C) all other conditions in this Agreement for disbursement have been satisfied, (D) funds remaining <br />in the Required Repair Reserve are, in Lender's judgment, sufficient to complete such Required <br />Repair and other Required Repairs when required, and (E) each contractor or subcontractor <br />receiving payments under such contract shall provide a waiver of lien with respect to amounts which <br />have been paid to that contractor or subcontractor. <br />(e) Number of Requests. Except as provided in Section 3(d), Borrower shall not make <br />a request for disbursement from the Required Repair Reserve more frequently than once in any <br />calendar quarter. <br />(f) Final Disbursement. Lender shall disburse to Borrower all amounts remaining in <br />the Required Repair Reserve (less all amounts which may have been applied by Lender as <br />permitted by this Agreement) upon Borrower's completion of all Required Repairs to the satisfaction <br />of Lender on or before the expiration of the Completion Period (hereinafter defined), provided that <br />(i) there is no default under the Note, this Security Instrument or any of the Other Loan Documents <br />which has not been cured to Lender's satisfaction, (ii) Lender has received evidence required by <br />Section 4(g) below that there are no mechanic's or materialman's liens, and (iii) Lender has received <br />all cost and architectural information required by Lender. <br />Section 4. Performance of Required Repairs. <br />(a) Agreement to Complete: Workmanlike Completion. Borrower shall commence the <br />Required Repairs immediately following the execution of this Agreement (or as soon thereafter as <br />weather reasonably shall permit) and shall at all times thereafter diligently pursue the completion <br />of all Required Repairs in a good and workmanlike manner as soon as practicable following the <br />commencement of making each such Required Repair. Borrower shall complete all Required <br />ATLANTA4181845.4 <br />GMACCM (SLP) - DOT (8/98) B - 2 Grand Isle, Nebraska <br />
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