UNCONDITIONAL LIEN WAIVERS IN THE FORM SET FORTH IN EXHIBIT L-4 (FINAL
PAYMENT) HERETO SHALL BE DELIVERED TO LENDER WITHIN THIRTY (30) DAYS FOLLOWING
SUCH FINAL CONSTRUCTION LOAN ADVANCE, AND (III) DULY EXECUTED UNCONDITIONAL LIEN
WAIVERS IN THE FORM SET FORTH IN EXHIBIT L-4 (FINAL PAYMENT) HERETO WITH RESPECT
TO ALL PAYMENTS WHICH WERE REQUESTED TO BE PAID WITH THE IMMEDIATELY PRECEDING
CONSTRUCTION LOAN ADVANCE AND FROM WHOM A CONDITIONAL LIEN WAIVER IN THE FORM
SET FORTH IN EXHIBIT L-1 (PROGRESS PAYMENT) OR L-3 (FINAL PAYMENT) HERETO, AS
APPLICABLE, WAS DELIVERED IN THE IMMEDIATELY PRECEDING REQUEST FOR A
CONSTRUCTION LOAN ADVANCE.
(E)
FINAL SURVEY.
FINAL SURVEYS OF THE
HOTEL/CASINO PROPERTY AND THE ADJACENT PROPERTY ACCEPTABLE TO LENDER SHOWING THE
AS-BUILT LOCATION OF THE COMPLETED PROJECT IMPROVEMENTS (ALL OF WHICH SHALL BE
WITHIN LOT LINES OF THE REAL PROPERTY COMPRISING A PORTION OF THE APPLICABLE
PROPERTY AND IN COMPLIANCE WITH ALL SET-BACK REQUIREMENTS) AND ALL EASEMENTS
APPURTENANT THERETO.
(F)
PAYMENT OF COSTS.
EVIDENCE SATISFACTORY
TO LENDER THAT (I) ALL SUMS DUE IN CONNECTION WITH THE CONSTRUCTION OF THE
PROJECT HAVE BEEN PAID IN FULL (OR WILL BE PAID OUT OF THE FUNDS REQUESTED TO BE
ADVANCED IN THE FINAL CONSTRUCTION LOAN ADVANCE), AS EVIDENCED BY (A) WITH
RESPECT TO ANY PARTY WITH LIEN RIGHTS, AN EXECUTED LIEN WAIVER SUBSTANTIALLY IN
THE FORM ATTACHED HERETO AS EXHIBIT L-3 OR L-4, AS APPLICABLE (AS REQUIRED UNDER
THE FOREGOING CLAUSE (D)), OR (B) WITH RESPECT TO ANY PARTY WITHOUT LIEN RIGHTS,
AN INVOICE AND PROOF OF PAYMENT OR SUCH
117
OTHER EVIDENCE OF PAYMENT AS SHALL BE REASONABLY SATISFACTORY TO LENDER, AND
(II) EXCEPT FOR ANY LIEN THEN BEING CONTESTED PURSUANT TO, AND IN ACCORDANCE
WITH, SECTION 3.6(B) OF THE MORTGAGE, NO PARTY CLAIMS OR HAS A RIGHT TO CLAIM
ANY STATUTORY OR COMMON LAW LIEN ARISING OUT OF THE CONSTRUCTION OF THE PROJECT
OR THE SUPPLYING OF LABOR, MATERIAL AND/OR SERVICES IN CONNECTION THEREWITH.
(G)
"AS-BUILT" PLANS AND SPECIFICATIONS.
A FULL
AND COMPLETE SET OF "AS BUILT" PLANS AND SPECIFICATIONS CERTIFIED TO BY THE
ARCHITECT.
(H)
TITLE INSURANCE POLICY.
ENDORSEMENTS TO THE
TITLE INSURANCE POLICY REFERENCING THE FINAL SURVEYS AND INDICATING NO LIENS
OTHER THAN PERMITTED ENCUMBRANCES AND INCLUDING AN UPDATE TO THE FORM 9
COMPREHENSIVE ENDORSEMENT, IN EACH CASE IN FORM AND SUBSTANCE REASONABLY
ACCEPTABLE TO LENDER.
(I)
PAYMENT OF FEES AND EXPENSES.
PAYMENT
BY BORROWERS OF ALL FEES AND EXPENSES REQUIRED BY THIS AGREEMENT, TO THE EXTENT
THEN DUE AND PAYABLE, INCLUDING, WITHOUT LIMITATION, (I) ANY FEES AND EXPENSES
REFERRED TO IN SECTION 10.13 HEREOF THEN DUE AND PAYABLE, (II) ANY REASONABLE
FEES AND EXPENSES THEN DUE AND PAYABLE TO THE CONSTRUCTION CONSULTANT, (III) ANY
UNUSED ADVANCE FEE THEN DUE AND PAYABLE, (IV) ANY ADMINISTRATIVE AGENT FEE THEN
DUE AND PAYABLE, AND/OR (V) ANY TITLE PREMIUMS AND/OR OTHER TITLE CHARGES THEN
DUE AND PAYABLE.
(J)
OTHER DOCUMENTS.
IF REQUESTED BY
LENDER, A COMPLETED AIA FORM G704 (CERTIFICATE OF SUBSTANTIAL COMPLETION) AND/OR
A COMPLETED AIA FORM G707 (CONSENT OF SURETY TO