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totaling $426,500 (the "LCDA/TBRA Loan"), to Mortgagor pursuant to this Mortgage and <br />the Note subj ect to the following conditions: <br />(a) The LCDA funds can be used to finance only the removal of obsolete infrastructures <br />($127,000); stormwater management ($138,000); design and engineering for site <br />demolition, grading drainage, and stormwater management plan ($45,100); and site <br />grading for directing water away from buildings ($24,000), as provided in the LCDA <br />Grant Agreement; <br />(b) The TBRA funds can be used to finance only Clean-up Costs, as that term is defined <br />in the TBRA Grant Agreement. <br />(c) LCDA/TBRA Loan funds may only be drawn down upon the Mortgagee's receipt of <br />documentation demonstrating that the work for which the funds are being requested <br />has been completed and paid for; <br />(d) The work financed by the LCDA/TBRA Loan must be completed by December 31, <br />2010, or all or a portion of the LCDA/TBRA Loan could be required to be repaid to <br />the Mortgagee; and <br />(e) The Mortgagor shall comply with all requirements of the LCDA/TBRA grant <br />program and if it fails to do so and the Mortgagee is obligated to repay all or any <br />portion of the LCDA/TBRA grant to the Metropolitan Council the Mortgagor shall <br />be liable to and shall pay to the Mortgagee the amount required to be repaid. <br />18. Mortgagor will permit Mortgagee and its agents to enter and to authorize others to enter <br />upon any or all of the Premises, or Mortgagor's records regarding the Premises at reasonable <br />times to inspect the same, to perform or observe any covenants, conditions, or terms which <br />Mortgagor shall fail to perform, meet or comply with and which Mortgagee is authorized to <br />perform under the terms of this Mortgage, or for any other purpose in connection with the <br />protection or preservation of Mortgagee's security, without thereby becoming liable to <br />Mortgagor or any person in possession under Mortgagor. <br />[Signature page followsJ <br />fb.us.4624999.03 <br />