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Q. It will not, without the prior written consent of the State Entity and the <br />Commissioner, allow any voluntary lien or encumbrance or involuntary lien or <br />encumbrance that can be satisfied by the payment of monies and which is not being <br />actively contested to be created or exist against the Public Entity's interest in the Real <br />Property or, if applicable, Facility, or the Counterparty's interest in the Use Contract, <br />whether such lien or encumbrance is superior or subordinate to the Declaration. Provided, <br />however, the State Entity and the Commissioner will consent to any such lien or <br />encumbrance that secures the repayment of a loan the repayment of which will not impair <br />or burden the funds needed to operate the Real Property and, if applicable, Facility in the <br />manner specified in Section 2.04, and for which the entire amount is used (i) to acquire <br />additional real estate that is needed to so operate the Real Property and, if applicable, <br />Facility in accordance with the requirements imposed under Section 2.04 and will be <br />included in and as part of the Public Entity's interest in the Real Property and, if <br />applicable, Facility, and/or (ii) to pay for capital improvements that are needed to so <br />operate the Real Property and, if applicable, Facility in accordance with the requirements <br />imposed under Section 2.04. <br />R. It reasonably expects to possess the ownership interest in the Real Property and, <br />if applicable, Facility described Section 2.02 for the entire Useful Life of the Real Estate <br />and, if applicable, Facility, and it does not expect to sell such ownership interest. <br />S. It does not reasonably expect to receive payments under a Use Contract in <br />excess of the amount the Public Entity needs and is authorized to use to pay the operating <br />expenses of the portion of the Real Property and, if applicable, Facility that is the subj ect of <br />the Use Contract or to pay the principal, interest, redemption premiums, and other expenses <br />on any Approved Debt. <br />T. It will supply, or cause to be supplied, whatever funds are needed above and <br />beyond the amount of the Program Grant to complete and fully pay for the Project. <br />U. The Construction Items will be completed substantially in accordance with the <br />Construction Contract Documents by the Completion Date, and all such items along with, <br />if applicable, the Facility will be situated entirely on the Real Property. <br />V. It will require the Contractor or Contractors to comply with all rules, <br />regulations, ordinances, and laws bearing on its performance under the Construction <br />Contract Documents. <br />W. It shall furnish such satisfactory evidence regarding the representations and <br />warranties described herein as may be required and requested by either the State Entity or <br />the Commissioner. <br />Section 2.06 Leasehold Ownership. This Section shall only apply if the Public Entity's <br />ownership interest in the Real Property, the Facility, if applicable, or both is by way of a Real <br />Property/Facility Lease. For all other circumstances this Section is not needed and should be <br />i�nored and treated as i were le�t blank, and anv r'eference to this Section in this A�eement <br />shall be i�nored and treated as if the reference did not exist. <br />Generic GO Bond Proceeds 1 1 Ver — 8/20/08 <br />Grant Agreement for ProgramConstruction Grants (Gnrc GO GA-Prgrm Cnstrctn Grnt) <br />RDGP-08-0029-o-FY09 <br />