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200011180
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Last modified
10/13/2011 11:01:45 PM
Creation date
10/20/2005 10:48:30 PM
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DEEDS
Inst Number
200011180
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(a) plans and specifications for the Work which (i) have been approved <br />by all governmental authorities whose approval is required, (ii) bear the signed approval of the <br />Architect, and (iii) are accompanied by Architect's signed estimate of the total estimated cost of <br />the Restoration; <br />(b) copies of all permits and approvals required by law in connection <br />with the commencement and conduct of the Restoration; and <br />(c) ' a contract for a guaranteed maximum price executed by Borrower <br />and the Contractor for performance of the Work, in form, scope and substance (including the <br />customary retention) satisfactory to American Family; and <br />(d) a surety bond or guaranty of Guarantor satisfactory to American <br />Family of, payment for and completion of Restoration, which bond and /or guarantee shall be (i) <br />in form, scope and substance satisfactory to American Family, (ii) signed by a surety or sureties <br />or guarantor or guarantors, as the case may be, who are acceptable to American Family, and (iii) <br />in an amount not less than Architect's total estimated cost of completing Restoration less the <br />amount of all the net Insurance Proceeds, if any, then held by American Family. <br />After commencing the Work, Borrower shall perform or cause Contractor to <br />perform the Work diligently and in good faith in accordance with the Approved Plans. <br />American Family shall disburse the Restoration Funds in increments to Borrower or to parties <br />to whom payments for Work are then due, as American Family shall elect from time to time as <br />the Work progresses, to pay for the costs of the Restoration. Such disbursements shall be subject <br />to the following conditions, any of which American Family may waive: <br />(a) Architect shall monitor and report to American Family on the <br />progress of the Work; and <br />(b) American Family shall make such payments only upon not less than <br />ten (10) days prior written notice from Borrower to American Family, which notice shall include <br />Borrower's delivery to American Family of (i) a Request for Payment, (ii) evidence satisfactory <br />to American Family that there are no mechanic's or similar Liens for labor or material supplied <br />in connection with the Work to date, or that any such Liens have been adequately provided for, <br />to American Family's satisfaction; and (iii) evidence satisfactory to American Family that the <br />balance of the Restoration Funds remaining after making the payments will be sufficient to pay <br />for the Restoration not then completed (giving in such reasonable detail as American Family may <br />require an estimate of the cost of such completion). Each Request for Payment shall be <br />accompanied by waivers of Liens satisfactory to American Family covering that part of the Work <br />previously paid for, if any, and by a search prepared by a title company or by other evidence <br />satisfactory to American Family that no mechanic's Liens or other Liens or instruments for the <br />retention of title in respect of any part of the Work have been filed against the Premises and not <br />29 <br />
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