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2008_0317_packet
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2008_0317_packet
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12/27/2011 4:21:52 PM
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12/27/2011 2:31:54 PM
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(8) there are no actions, suits, or proceedings pending or, to the knowledge of the <br />Borrower, threatened against or affecting the Borrower or any property of the Borrilower in any <br />court or before any federal, state, municipal or other governmental agency, which, if decided <br />adversely to the Borrower would have a material adverse effect upon the Borrower or upon the <br />business or properties of the Borrower-, and the Borrower is not in default with respect to any <br />order of any court or governmental agency; <br />(9) the Borrower is not in default in the payment of the principal of or interest on any <br />indebtedness for borrowed money nor in default under any instrument or agreement under and <br />subject to which any indebtedness for borrowed money has belen issuied; <br />(10) the Borrower has filed all federal and state 'income tax returns which, to the <br />knowledge of the officers of the Borrower, are required to be filed. and has paid all taxes shown <br />on said returns and all assessments and governmental charges received by the Borrower to the <br />extent that they have become due-, <br />(11) no public official of the City has either a direct or indirect financial interest in this <br />Agreement nor will any public official either directly or indirectly benefit financially from this <br />Agreement; <br />(1 2) the Borrower has approved the terms and clonditions of the Note, <br />(13) the financial 'Information supplied to the Lender truly and completely discloses <br />the financial condition of the Borrower as of the date of such information, and there have been <br />no material adverse changes in the financial condition of the Borrower subsequent to the date of <br />the most recent financial statement supplied to Lender; <br />(1 4) this Agreement, the Mortgage, the Security Agreement and the documents and <br />agreements relating to the foregoing, when executed and delivered by the Borrower,, constitute <br />legal, valid and binding obligations of the Borrower, enforceable against the Borrower in <br />accordance with their respective terms (subject, as to enforceability, to limitations resulting from <br />bankruptcy, insolvency, and other similar laws affecting creditors' rights generally),-I <br />(15) no proceeds of the Note will be used to finance portions of the Project used for <br />any religious purpose-, <br />(16) that, for so long as the Note is outstanding-, <br />(a) the Borrower shall not impose any qualifications related to religious <br />beliefs on any of its teaching faculty or staff' and shall not consider an appilicant's religious <br />beliefs when hiring teaching faculty or staff (exicept to the extent based on a bona fide <br />occupational qualification); <br />(b) the Borrower's core curriculum shall, include 'instruction in Subjects and in <br />a manner generally consistent with the compulsory 'instruction report issued by the Minnesota <br />Department of Children, Fan-lilies and Learning-, <br />2144817v1 7 <br />
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