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201007637
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Last modified
1/11/2011 2:32:48 PM
Creation date
10/18/2010 2:48:20 PM
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DEEDS
Inst Number
201007637
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2o�oo�s�; <br />Section 4.2. Disbursements �f Sectian 1602 Pra ram Funds ta Owner <br />Not later than three (3) Business Days af receipt of the Sectian 16p2 Program Funds by <br />the Authority from Treasury, the Authority shali disburse such funds to the Owner, <br />Section 4.3. Construction/Draw Schedule• Chan e Orders <br />(a) The Owner expects to subrnit Requisitions ta the Autharity for disbursements of <br />the Subaward at th� times and in the amounts set forth in the Canstruction/Draw Schedule <br />attached hereto as Exhibit F. The Own�r shall update the Constructian/Draw Schedule as and <br />when Requisitions for disbursements of the Subaward are made. <br />(b) The Owner's anticipated construction schedule is s�t farth on the <br />Construction/Draw Schedule attached hereto as Exhibit F . <br />(c) The Owner shall provide the Authority with copies af any change orders <br />subrnitted to the Lender and/or the Tax Credit Ynvestor and notice if such change order would <br />prevenC the �'roject fram rneeting the Placed In-Service Date ar prevent the Subaward from being <br />fully disbursed ta the Owner by the Expiration Date. <br />Section 4.4. Construction Meetin s• Monitorin <br />The Owner hereby authorizes the Authority and Che Authority's officers, emplayees, <br />agents, advisars, attomeys, accountants, architects, and engineers ta enter upon the Land, ta <br />inspect the Project (including the irnpravements being canstructed thereon and all rnaterials to be <br />used in the construction thereo�, and to examine the Plans and Specifications and all boolcs and <br />records of the Owner relating ta the construction of the Praject. Th� Owner will caaperate and <br />shali cause its contractors and subcantractors to coaperate with the Autharity ta enable the <br />Autharity to perform its functions hereunder. It is expressly understood and agreed that the <br />Authority shall have no duty to supervise or to inspect the constructian of the Project and that <br />any such inspection or review shall be for the sole purpase of determining whether or not the <br />obligatians of the Owner under this Agreernent are bein� properly discharged and of preserving <br />the Authority's rights hereunder, Neither the Owner nor any third party shall be entitled to rely <br />upon any inspection or review undertaken by the Authority. <br />ARTICLE V <br />CQVENANTS AND RESTRICTIONS <br />Section 5.1. LURA <br />The Qwner wili enter inta thc LURA with the Authority, recard the LURA in the office <br />of the deed of registry for the county in which th� Project is lacated and camply with the terms <br />thereof throughout the terrn of the LURA. The LURA will be in effect as of the end of each <br />taxable year in vvhich the buildings in the Project are placed in service. The terms af the LURA <br />are by this reference incorporated inCo this Agreement with the same force and effect as if wriCten <br />out word for word at this point. <br />-10- <br />4$46-6923-1367.3 <br />
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