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<br />ao-oaJ~s~ <br />withdrawal from the Fund of an amount up to but not in excess of <br />the sum of $45,000.00 for payment of Buyer's engineering coats <br />for the Common Area Improvements, provided that after payment of <br />such engineering costs, no further withdrawal from the Fund may <br />take. place until the Project architect certifies that the funds <br />` remaining are sufficient to romplete the Common Area Improvements. <br />Ali requests for payment ©f engineering fees shall be supported <br />by proper vouchers in accordance with suF~aragraph (e) hereof and <br />he accompanied by a Mechanics Lien y~7aiver in recordable form. <br />Opon the completion of the Common Area Improvements„ <br />which shall be evidenced by a Certificate of Completion therefore <br />issued by Buyer's architect, any sums remaining undisbursed from <br />the Fund shall be returned to the Buyer provided it is not in default <br />of the terms hereof or any mortgage on the premises held by Seller. <br />In the event of a de-fault under said Second Note and Mortgage, all <br />monies held in the Fund by the Seller may, at the Seller's option, be <br />applied against the outstanding principal and/or interest due Seller <br />pursuant to said Seco:.d Note and Second Mortgage or any other note or <br />mortgage held by Seller with respect to the Grand Island Mall. <br />2. The Agreement shall be further amended by the addition of <br />the folloring: <br />1. Se13er agrees to lend up to but no*_ exceeding the <br />swa of $700,000.00 for Tenant improvements to the Grand <br />Island Ball which expenditures are necessary in order to <br />make ready areas of the Grand island Mall for tenants. The <br />arsount of the loan has been calculated on the basis of an <br />expenditure of 56.00 per foot of rentable tenant area for <br />tenant improvements. Said loan shall be advanced by the <br />Seller in installments as hereinafter provided and shalt be <br />-5- <br />