Common use of Loan Deliveries Clause in Contracts

Loan Deliveries. At or prior to the Closing, Borrower shall deliver or cause to be delivered to Lender, the following items, each of which shall be satisfactory in form and substance to Lender (the “Closing Deliveries”): (a) originals duly executed and notarized, as appropriate, by Borrower of the Loan Documents; (b) the Organizational Agreements of Borrower; (c) certificates of existence and good standing for Borrower issued by the appropriate state authorities; (d) resolutions of the general partner, manager or other governing body (as evidenced by the Organizational Agreements) of Borrower, authorizing the execution, delivery, and performance of this Agreement and the other Loan Documents, and the transactions contemplated hereby and thereby; Loan Agreement Pxxxxxxx Creek, Dxxxxx County, Texas 12 (e) copies of the liability insurance and casualty insurance policies covering Borrower and the Property, evidence of payment of the premiums therefor through at least one year and endorsements of such policies to Lender (in accordance with and meeting the requirements of Sections 10(o) and (p) hereof); (f) all written consents that are required with respect to or necessitated by this Agreement and the other Loan Documents and the transactions contemplated hereby and thereby; (g) the following due diligence and Closing documents and materials: (i) a current appraisal assessing the fair market value of the Property, subject to Lender’s review and acceptance, completed by an appraiser acceptable to Lender, (ii) all environmental site assessments and reports with respect to the Property, including, but not limited to, a wetlands assessment, (iii) all engineering reports and studies, soil analysis, construction, structural and mechanical feasibility reports; all surveys, survey maps, plats and proposed plats; all development plans, construction plans, and other plans and specifications; all topographic, drainage and contour maps and all other reports, maps, studies and surveys of engineers, architects and others; (iv) certified copies of the deeds of conveyance conveying the Property to Borrower, (v) the fully executed settlement statement prepared by the Title Company, which must be approved by Lender prior to execution thereof, (vi) all sales and marketing plans for the Property, (vii) all contracts and agreements with developers, engineers, contractors, subcontractors, consultants and others relating to supervision and maintenance of, and other professional services relating to the Property, (viii) copies of all easements and encumbrances affecting the Property, including land use, water use, mineral rights, surface rights, zoning, subdivision, grading, environmental restrictions, and neighborhood association rights and restrictions and (ix) tax certificates for the Property covering taxes due for tax year(s) 2014 and earlier; (h) all Lot Sale Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); (i) all Senior Loan Documents in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); and (j) such other and further information, documents, agreements and certificates as are reasonably requested by Lender. No waiver by Lender of the timely delivery of any Closing Delivery will constitute a waiver of any condition precedent to any obligation of Lender to make any Advance or to require delivery of any Closing Delivery prior to the funding of any Advance.

Loan Deliveries. At or prior to the Closingclosing of the Loan (except as set forth below), Borrower Borrowers shall deliver or cause to be delivered to Lender, the following items, each of which shall be satisfactory in form and substance to Lender (the “Closing Deliveries”):Lender: (a) originals this Note and each other Loan Document, duly executed by Bxxxxxxxx, Pxxxxxxx and notarizedthe Borrower Principals, as appropriate, by Borrower of the Loan Documentsapplicable; (b) the Organizational Agreements most recent financial statements of BorrowerBorrowers, the Pledged Securities and the Borrower Principals, in the form specified in Section 9(f), and accompanied by the certification required by Section 9(f); (c) a certified copy of Borrowers’ and the Pledged Securities’ formation documents and bylaws, and all amendments thereto; (d) certificates of existence and good standing for Borrower Borrowers and the Pledged Securities, issued by the appropriate state authorities; (de) resolutions of the general partner, manager or other governing body (as evidenced by the Organizational Agreements) board of Borrower, directors of each Borrower authorizing the Borrowers’ execution, delivery, and performance of this Agreement Note and the other Loan Documents, and the transactions contemplated hereby and thereby; Loan Agreement Pxxxxxxx Creek, Dxxxxx Countyand resolutions of the general partner or other governing body of each Pledgor and each Pledged Security, Texas 12authorizing the transactions contemplated hereby and by the Pledge Agreement; (ef) copies an opinion of counsel for Borrowers, Pledgors, the Pledged Securities and the Borrower Principals, satisfactory in all respects to Lender and its counsel, including, without limitation, an opinion that the Loan Documents and the Loan made pursuant thereto are not usurious, which shall be delivered to Lender within thirty (30) days following the initial closing of the Loan; (g) a certificate of Borrowers’ general liability insurance and casualty insurance policies covering Borrower and the Propertypolicies, evidence of payment of the premiums therefor premium through at least one year and endorsements endorsemens of such policies to Lender (in accordance with and meeting the requirements of Sections 10(o) and (p) hereof)Lender; (fh) a certificate (the “Officer’s Certificate”) executed by Jxx Xxxxxxx in his capacity as President of each Borrower, and in his individual capacity, certifying that (i) no Event of Default has occurred and is continuing under this Note, (ii) all representations and warranties made by Borrowers, Pledgors and the Borrower Principals, respectively, in this Note and the other Loan Documents are true and correct in all respects, and (iii) Bxxxxxxxx, Pxxxxxxx and the Borrower Principals have complied with and performed, in all respects, all covenants, conditions and agreements which are then required by this Note and the other Loan Documents to have been complied with or performed; (i) copies of the loan documents in effect on the Effective Date evidencing the Senior Indebtedness and all amendments thereto; (j) all written consents that are required with respect to or necessitated by this Agreement the Note and the other Loan Documents and the transactions contemplated hereby and thereby; (g) the following due diligence and Closing documents and materials: (i) a current appraisal assessing the fair market value of the Property, subject to Lender’s review and acceptanceincluding, completed by an appraiser acceptable to Lenderwithout limitation, (ii) all environmental site assessments and reports with any consents that are required in respect to the Property, including, but not limited to, a wetlands assessment, (iii) all engineering reports and studies, soil analysis, construction, structural and mechanical feasibility reports; all surveys, survey maps, plats and proposed plats; all development plans, construction plans, and other plans and specifications; all topographic, drainage and contour maps and all other reports, maps, studies and surveys of engineers, architects and others; (iv) certified copies pledge of the deeds of conveyance conveying the Property Pledged Securities to Borrower, (v) the fully executed settlement statement prepared by the Title Company, which must be approved by Lender prior to execution thereof, (vi) all sales and marketing plans for the Property, (vii) all contracts and agreements with developers, engineers, contractors, subcontractors, consultants and others relating to supervision and maintenance of, and other professional services relating pursuant to the Property, (viii) copies of all easements and encumbrances affecting the Property, including land use, water use, mineral rights, surface rights, zoning, subdivision, grading, environmental restrictions, and neighborhood association rights and restrictions and (ix) tax certificates for the Property covering taxes due for tax year(s) 2014 and earlier; (h) all Lot Sale Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); (i) all Senior Loan Documents in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date)Pledge Agreement; and (jk) such other and further information, documents, agreements and certificates as are reasonably requested required by Lender. No waiver by Lender of the timely delivery of any Closing Delivery will constitute a waiver of any condition precedent to any obligation of Lender to make any Advance or to require delivery of any Closing Delivery prior to the funding of any AdvanceLxxxxx.

Loan Deliveries. At or prior to the Closing, Borrower shall deliver or cause to be delivered to Lender, the following items, each of which shall be satisfactory in form and substance to Lender (the “Closing Deliveries”): (a) originals duly executed and notarized, as appropriate, by Borrower and the Borrower-Related Parties of the Loan DocumentsDocuments including, without limitation, this Agreement, the Deed of Trust, the Note, the Environmental Indemnity Agreement, the Advance Request, the Guaranty Agreement, the Financial Statement Certifications, the Errors Agreement, the IRS tax disclosure forms, the Post-Closing Agreement, and the Company Certificates; (b) the Organizational Agreements of Borrower and each Borrower;-Related Party that is an entity; Loan AgreementFrisco 113, Collin County, Texas 13 (c) certificates of existence and good standing for Borrower and each Borrower-Related Party that is an entity issued by the appropriate state authorities; (d) resolutions of the general partner, manager or other governing body (as evidenced by the Organizational Agreements) of Borrower and each Borrower-Related Party, authorizing the execution, delivery, and performance of this Agreement and the other Loan Documents, and the transactions contemplated hereby and thereby; Loan Agreement Pxxxxxxx Creek, Dxxxxx County, Texas 12; (e) copies of the liability insurance and casualty insurance policies covering Borrower and the Property, evidence of payment of the premiums therefor through at least one year and endorsements of such policies to Lender (in accordance with and meeting the requirements of Sections 10(o) and (p) hereof); (f) all written consents that are required with respect to or necessitated by this Agreement and the other Loan Documents and the transactions contemplated hereby and thereby; (g) the following due diligence and Closing documents and materials: (i) a current appraisal assessing the fair market value of the Property, subject to Lender’s review and acceptance, completed by an appraiser acceptable to Lender, (ii) all environmental site assessments and reports with respect to the Property, including, but not limited to, a wetlands assessment, (iii) all engineering reports and studies, soil analysis, construction, structural and mechanical feasibility reports; all surveys, survey maps, plats and proposed plats; all development plans, construction plans, and other plans and specifications; all topographic, drainage and contour maps and all other reports, maps, studies and surveys of engineers, architects and others; (iv) certified copies of the deeds of conveyance conveying the Property to Borrower, (v) the fully executed settlement statement prepared by the Title Company, which must be approved by Lender prior to execution thereof, (vi) all sales and marketing plans for the Property, (vii) all contracts and agreements with developers, engineers, contractors, subcontractors, consultants and others relating to supervision and maintenance of, and other professional services relating to the Property, (viii) copies of all easements and encumbrances affecting the Property, including land use, water use, mineral rights, surface rights, zoning, subdivision, grading, environmental restrictions, and neighborhood association rights and restrictions and (ix) tax certificates for the Property covering taxes due for tax year(s) 2014 2013 and earlier; (h) all Lot Sale Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); (i) all Senior Loan Documents Reimbursement Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); and (j) such other and further information, documents, agreements and certificates as are reasonably requested by Lender. No waiver by Lender of the timely delivery of any Closing Delivery will constitute a waiver of any condition precedent to any obligation of Lender to make any Advance or to require delivery of any Closing Delivery prior to the funding of any Advance.. Loan AgreementFrisco 113, Collin County, Texas 14

Loan Deliveries. At or prior to the Closing, Borrower shall deliver or cause to be delivered to Lender, the following items, each of which shall be satisfactory in form and substance to Lender (the “Closing Deliveries”): (a) originals duly executed and notarized, as appropriate, by Borrower and the Borrower-Related Parties of the Loan DocumentsDocuments including, without limitation, this Agreement, the Deed of Trust, the Note, the Environmental Indemnity Agreement, the Advance Request, the Guaranty Agreement, the Financial Statement Certifications, the Errors Agreement, the Post-Closing Agreement, the IRS tax disclosure forms, the Company Certificates, each Assignment of Contract Rights, and the Assignment of Account Receivable; (b) the Organizational Agreements of Borrower and each Borrower-Related Party that is an entity; (c) certificates of existence and good standing for Borrower and each Borrower-Related Party that is an entity issued by the appropriate state authorities; (d) resolutions of the general partner, manager or other governing body (as evidenced by the Organizational Agreements) of Borrower and each Borrower-Related Party, authorizing the execution, delivery, and performance of this Agreement and the other Loan Documents, and the transactions contemplated hereby and thereby; Loan Agreement Pxxxxxxx Creek, Dxxxxx County, Texas 12; (e) copies of the liability insurance and casualty insurance policies covering Borrower and the Property, evidence of payment of the premiums therefor through at least one year and endorsements of such policies to Lender (in accordance with and meeting the requirements of Sections 10(o) and (p) hereof); (f) all written consents that are required with respect to or necessitated by this Agreement and the other Loan Documents and the transactions contemplated hereby and thereby;; Loan Agreement – Fxxxxx Xxxxx 0X, Xxxxxx Xxxxxx, Texas 15 (g) the following due diligence and Closing documents and materials: (i) a current appraisal assessing the fair market value of the Property, subject to Lender’s review and acceptance, completed by an appraiser acceptable to Lender, (ii) all environmental site assessments and reports with respect to the Property, including, but not limited to, a wetlands assessment, (iii) all engineering reports and studies, soil analysis, construction, structural and mechanical feasibility reports; all surveys, survey maps, plats and proposed plats; all development plans, construction plans, and other plans and specifications; all topographic, drainage and contour maps and all other reports, maps, studies and surveys of engineers, architects and others; (iv) certified copies of the deeds of conveyance conveying the Property to Borrower, (v) the fully executed settlement statement prepared by the Title Company, which must be approved by Lender prior to execution thereof, (vi) all sales and marketing plans for the Property, (vii) all contracts and agreements with developers, engineers, contractors, subcontractors, consultants and others relating to supervision and maintenance of, and other professional services relating to the Property, (viii) copies of all easements and encumbrances affecting the Property, including land use, water use, mineral rights, surface rights, zoning, subdivision, grading, environmental restrictions, and neighborhood association rights and restrictions and (ix) tax certificates for the Property covering taxes due for tax year(s) 2014 and earlier; (h) all Lot Sale Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); (i) all Senior Loan Documents Reimbursement Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); and (j) such other and further information, documents, agreements and certificates as are reasonably requested by Lender. No waiver by Lender of the timely delivery of any Closing Delivery will constitute a waiver of any condition precedent to any obligation of Lender to make any Advance or to require delivery of any Closing Delivery prior to the funding of any Advance.

Loan Deliveries. At or prior to the Closing, Borrower shall deliver or cause to be delivered to Lender, the following items, each of which shall be satisfactory in form and substance to Lender (the “Closing Deliveries”): (a) originals duly executed and notarized, as appropriate, by Borrower of the Loan Documents; (b) the Organizational Agreements of Borrower; (c) certificates of existence and good standing for Borrower issued by the appropriate state authorities; (d) resolutions of the general partner, manager or other governing body (as evidenced by the Organizational Agreements) of Borrower, authorizing the execution, delivery, and performance of this Agreement and the other Loan Documents, and the transactions contemplated hereby and thereby; Loan Agreement Pxxxxxxx Xxxxxxxx Creek, Dxxxxx Xxxxxx County, Texas 12 (e) copies of the liability insurance and casualty insurance policies covering Borrower and the Property, evidence of payment of the premiums therefor through at least one year and endorsements of such policies to Lender (in accordance with and meeting the requirements of Sections 10(o) and (p) hereof); (f) all written consents that are required with respect to or necessitated by this Agreement and the other Loan Documents and the transactions contemplated hereby and thereby; (g) the following due diligence and Closing documents and materials: (i) a current appraisal assessing the fair market value of the Property, subject to Lender’s review and acceptance, completed by an appraiser acceptable to Lender, (ii) all environmental site assessments and reports with respect to the Property, including, but not limited to, a wetlands assessment, (iii) all engineering reports and studies, soil analysis, construction, structural and mechanical feasibility reports; all surveys, survey maps, plats and proposed plats; all development plans, construction plans, and other plans and specifications; all topographic, drainage and contour maps and all other reports, maps, studies and surveys of engineers, architects and others; (iv) certified copies of the deeds of conveyance conveying the Property to Borrower, (v) the fully executed settlement statement prepared by the Title Company, which must be approved by Lender prior to execution thereof, (vi) all sales and marketing plans for the Property, (vii) all contracts and agreements with developers, engineers, contractors, subcontractors, consultants and others relating to supervision and maintenance of, and other professional services relating to the Property, (viii) copies of all easements and encumbrances affecting the Property, including land use, water use, mineral rights, surface rights, zoning, subdivision, grading, environmental restrictions, and neighborhood association rights and restrictions and (ix) tax certificates for the Property covering taxes due for tax year(s) 2014 and earlier; (h) all Lot Sale Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); (i) all Senior Loan Documents in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); and (j) such other and further information, documents, agreements and certificates as are reasonably requested by Lender. No waiver by Lender of the timely delivery of any Closing Delivery will constitute a waiver of any condition precedent to any obligation of Lender to make any Advance or to require delivery of any Closing Delivery prior to the funding of any Advance.

Loan Deliveries. At or prior to the Closing, Borrower shall deliver or cause to be delivered to Lender, the following items, each of which shall be satisfactory in form and substance to Lender (the “Closing Deliveries”): (a) originals duly executed and notarized, as appropriate, by Borrower of the Loan Documents; (b) the Organizational Agreements of Borrower; (c) certificates of existence and good standing for Borrower issued by the appropriate state authorities; (d) resolutions of the general partner, manager or other governing body (as evidenced by the Organizational Agreements) of Borrower, authorizing the execution, delivery, and performance of this Agreement and the other Loan Documents, and the transactions contemplated hereby and thereby; Loan Agreement Pxxxxxxx Creek, Dxxxxx County, Texas 12; (e) copies of the liability insurance and casualty insurance policies covering Borrower and the Property, evidence of payment of the premiums therefor through at least one year and endorsements of such policies to Lender (in accordance with and meeting the requirements of Sections 10(o) and (p) hereof); (f) all written consents that are required with respect to or necessitated by this Agreement and the other Loan Documents and the transactions contemplated hereby and thereby; (g) the following due diligence and Closing documents and materials: (i) a current appraisal assessing the fair market value of the Property, subject to Lender’s review and acceptance, completed by an appraiser acceptable to Lender, (ii) all environmental site assessments and reports with respect to the Property, including, but not limited to, a wetlands assessment, (iii) all engineering reports and studies, soil analysis, construction, structural and mechanical feasibility reports; all surveys, survey maps, plats and proposed plats; all development plans, construction plans, and other plans and specifications; all topographic, drainage and contour maps and all other reports, maps, studies and surveys of engineers, architects and others; (iv) certified copies of the deeds of conveyance conveying the Property to Borrower, (v) the fully executed settlement statement prepared by the Title Company, which must be approved by Lender prior to execution thereof, (vi) all sales and marketing plans for the Property, (vii) all contracts and agreements with developers, engineers, contractors, subcontractors, consultants and others relating to supervision and maintenance of, and other professional services relating to the Property, (viii) copies of all easements and encumbrances affecting the Property, including land use, water use, mineral rights, surface rights, zoning, subdivision, grading, environmental restrictions, and neighborhood association rights and restrictions and (ix) tax certificates for the Property covering taxes due for tax year(s) 2014 and earlier;; Loan Agreement Prosper 236, Collin County, Texas 12 (h) all Lot Sale Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); (i) all Senior Loan Documents in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); and (j) such other and further information, documents, agreements and certificates as are reasonably requested by Lender. No waiver by Lender of the timely delivery of any Closing Delivery will constitute a waiver of any condition precedent to any obligation of Lender to make any Advance or to require delivery of any Closing Delivery prior to the funding of any Advance.

Loan Deliveries. At or prior to the Closing, Borrower shall deliver or cause to be delivered to Lender, the following items, each of which shall be satisfactory in form and substance to Lender (the “Closing Deliveries”):): Loan Agreement – Fxxxxx Xxxxx 0X, 0X, 0X XX-0 , Xxxxxx County, Texas 14 (a) originals duly executed and notarized, as appropriate, by Borrower and the Borrower-Related Parties of the Loan DocumentsDocuments including, without limitation, this Agreement, the Deed of Trust, the Note, the Environmental Indemnity Agreement, the Advance Request, the Guaranty Agreement, the Financial Statement Certifications, the Errors Agreement, the IRS tax disclosure forms, the Company Certificates and each Assignment of Contract; (b) the Organizational Agreements of Borrower and each Borrower-Related Party that is an entity; (c) certificates of existence and good standing for Borrower and each Borrower-Related Party that is an entity issued by the appropriate state authorities; (d) resolutions of the general partner, manager or other governing body (as evidenced by the Organizational Agreements) of Borrower and each Borrower-Related Party, authorizing the execution, delivery, and performance of this Agreement and the other Loan Documents, and the transactions contemplated hereby and thereby; Loan Agreement Pxxxxxxx Creek, Dxxxxx County, Texas 12; (e) copies of the liability insurance and casualty insurance policies covering Borrower and the Property, evidence of payment of the premiums therefor through at least one year and endorsements of such policies to Lender (in accordance with and meeting the requirements of Sections 10(o) and (p) hereof); (f) all written consents that are required with respect to or necessitated by this Agreement and the other Loan Documents and the transactions contemplated hereby and thereby; (g) the following due diligence and Closing documents and materials: (i) a current appraisal assessing the fair market value of the Property, subject to Lender’s review and acceptance, completed by an appraiser acceptable to Lender, (ii) all environmental site assessments and reports with respect to the Property, including, but not limited to, a wetlands assessment, (iii) all engineering reports and studies, soil analysis, construction, structural and mechanical feasibility reports; all surveys, survey maps, plats and proposed plats; all development plans, construction plans, and other plans and specifications; all topographic, drainage and contour maps and all other reports, maps, studies and surveys of engineers, architects and others; (iv) certified copies of the deeds of conveyance conveying the Property to Borrower, (v) the fully executed settlement statement prepared by the Title Company, which must be approved by Lender prior to execution thereof, (vi) all sales and marketing plans for the Property, (vii) all contracts and agreements with developers, engineers, contractors, subcontractors, consultants and others relating to supervision and maintenance of, and other professional services relating to the Property, (viii) copies of all easements and encumbrances affecting the Property, including land use, water use, mineral rights, surface rights, zoning, subdivision, grading, environmental restrictions, and neighborhood association rights and restrictions and (ix) tax certificates for the Property covering taxes due for tax year(s) 2014 and earlier; (h) all Lot Sale Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); (i) all Senior Loan Documents Reimbursement Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); andand Loan Agreement – Fxxxxx Xxxxx 0X, 0X, 0X XX-0 , Xxxxxx County, Texas 15 (j) such other and further information, documents, agreements and certificates as are reasonably requested by Lender. No waiver by Lender of the timely delivery of any Closing Delivery will constitute a waiver of any condition precedent to any obligation of Lender to make any Advance or to require delivery of any Closing Delivery prior to the funding of any Advance.

Loan Deliveries. At or prior to the Closing, Borrower shall deliver or cause to be delivered to Lender, the following items, each of which shall be satisfactory in form and substance to Lender (the “Closing Deliveries”): (a) originals duly executed and notarized, as appropriate, by Borrower and the Borrower-Related Parties of the Loan DocumentsDocuments including, without limitation, this Agreement, the Deed of Trust, the Note, the Environmental Indemnity Agreement, the Advance Request, the Guaranty Agreement, the Financial Statement Certifications, the Errors Agreement, the Profits Interest Agreement, the IRS tax disclosure forms, each Subordination Agreement, the Company Certificates, Assignment of Lot Sale Contract, and each Lot Purchaser Consent; (b) the Organizational Agreements of Borrower and each Borrower-Related Party that is an entity; (c) certificates of existence and good standing for Borrower and each Borrower-Related Party that is an entity issued by the appropriate state authorities;; Loan Agreement – Rosehill ReserveHarris County, Texas 15 (d) resolutions of the general partner, manager or other governing body (as evidenced by the Organizational Agreements) of Borrower and each Borrower-Related Party, authorizing the execution, delivery, and performance of this Agreement and the other Loan Documents, and the transactions contemplated hereby and thereby; Loan Agreement Pxxxxxxx Creek, Dxxxxx County, Texas 12; (e) copies of the liability insurance and casualty insurance policies covering Borrower and the Property, evidence of payment of the premiums therefor through at least one year and endorsements of such policies to Lender (in accordance with and meeting the requirements of Sections 10(o) and (p) hereof); (f) all written consents that are required with respect to or necessitated by this Agreement and the other Loan Documents and the transactions contemplated hereby and thereby; (g) the following due diligence and Closing documents and materials: (i) a current appraisal assessing the fair market value of the Property, subject to Lender’s review and acceptance, completed by an appraiser acceptable to Lender, (ii) all environmental site assessments and reports with respect to the Property, including, but not limited to, a wetlands assessment, (iii) all engineering reports and studies, soil analysis, construction, structural and mechanical feasibility reports; all surveys, survey maps, plats and proposed plats; all development plans, construction plans, and other plans and specifications; all topographic, drainage and contour maps and all other reports, maps, studies and surveys of engineers, architects and others; (iv) certified copies of the deeds of conveyance conveying the Property to Borrower, (v) the fully executed settlement statement prepared by the Title Company, which must be approved by Lender prior to execution thereof, (vi) all sales and marketing plans for the Property, (vii) all contracts and agreements with developers, engineers, contractors, subcontractors, consultants and others relating to supervision and maintenance of, and other professional services relating to the Property, (viii) copies of all easements and encumbrances affecting the Property, including land use, water use, mineral rights, surface rights, zoning, subdivision, grading, environmental restrictions, and neighborhood association rights and restrictions and (ix) tax certificates for the Property covering taxes due for tax year(s) 2014 and earlier; (h) all Lot Sale Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); (i) all Senior Loan Documents in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date)reserved; and (j) such other and further information, documents, agreements and certificates as are reasonably requested by Lender. No waiver by Lender of the timely delivery of any Closing Delivery will constitute a waiver of any condition precedent to any obligation of Lender to make any Advance or to require delivery of any Closing Delivery prior to the funding of any Advance.

Loan Deliveries. At or prior to the Closing, Borrower shall deliver or cause to be delivered to Lender, the following items, each of which shall be satisfactory in form and substance to Lender (the “Closing Deliveries”): (a) originals duly executed and notarized, as appropriate, by Borrower and the Borrower-Related Parties of the Loan DocumentsDocuments including, without limitation, this Agreement, the Deed of Trust, the Note, the Environmental Indemnity Agreement, the Advance Request, the Guaranty Agreement, the Financial Statement Certifications, the Errors Agreement, the Post-Closing Agreement, the IRS tax disclosure forms, the Company Certificates, each Assignment of Contract Rights, and the Assignment of Account Receivable; (b) the Organizational Agreements of Borrower and each Borrower-Related Party that is an entity; (c) certificates of existence and good standing for Borrower and each Borrower-Related Party that is an entity issued by the appropriate state authorities; (d) resolutions of the general partner, manager or other governing body (as evidenced by the Organizational Agreements) of Borrower and each Borrower-Related Party, authorizing the execution, delivery, and performance of this Agreement and the other Loan Documents, and the transactions contemplated hereby and thereby; Loan Agreement Pxxxxxxx Creek, Dxxxxx County, Texas 12; (e) copies of the liability insurance and casualty insurance policies covering Borrower and the Property, evidence of payment of the premiums therefor through at least one year and endorsements of such policies to Lender (in accordance with and meeting the requirements of Sections 10(o) and (p) hereof); (f) all written consents that are required with respect to or necessitated by this Agreement and the other Loan Documents and the transactions contemplated hereby and thereby;; Loan Agreement – Xxxxxx Xxxxx 0X, Xxxxxx Xxxxxx, Texas 15 (g) the following due diligence and Closing documents and materials: (i) a current appraisal assessing the fair market value of the Property, subject to Lender’s review and acceptance, completed by an appraiser acceptable to Lender, (ii) all environmental site assessments and reports with respect to the Property, including, but not limited to, a wetlands assessment, (iii) all engineering reports and studies, soil analysis, construction, structural and mechanical feasibility reports; all surveys, survey maps, plats and proposed plats; all development plans, construction plans, and other plans and specifications; all topographic, drainage and contour maps and all other reports, maps, studies and surveys of engineers, architects and others; (iv) certified copies of the deeds of conveyance conveying the Property to Borrower, (v) the fully executed settlement statement prepared by the Title Company, which must be approved by Lender prior to execution thereof, (vi) all sales and marketing plans for the Property, (vii) all contracts and agreements with developers, engineers, contractors, subcontractors, consultants and others relating to supervision and maintenance of, and other professional services relating to the Property, (viii) copies of all easements and encumbrances affecting the Property, including land use, water use, mineral rights, surface rights, zoning, subdivision, grading, environmental restrictions, and neighborhood association rights and restrictions and (ix) tax certificates for the Property covering taxes due for tax year(s) 2014 and earlier; (h) all Lot Sale Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); (i) all Senior Loan Documents Reimbursement Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); and (j) such other and further information, documents, agreements and certificates as are reasonably requested by Lender. No waiver by Lender of the timely delivery of any Closing Delivery will constitute a waiver of any condition precedent to any obligation of Lender to make any Advance or to require delivery of any Closing Delivery prior to the funding of any Advance.

Loan Deliveries. At or prior to the Closing, Borrower shall deliver or cause to be delivered to Lender, the following items, each of which shall be satisfactory in form and substance to Lender (the “Closing Deliveries”): (a) originals duly executed and notarized, as appropriate, by Borrower and the Borrower-Related Parties of the Loan DocumentsDocuments including, without limitation, this Agreement, the Deed of Trust, the Note, the Environmental Indemnity Agreement, the Advance Request, the Guaranty Agreement, the Assignment of Construction Contract – Amenities Center, the Affidavit of Non-Commencement, the Financial Statement Certifications, the Errors Agreement, the IRS tax disclosure forms, and the Company Certificates; (b) the Organizational Agreements of Borrower and each Borrower-Related Party that is an entity; (c) certificates of existence and good standing for Borrower and each Borrower-Related Party that is an entity issued by the appropriate state authorities; (d) resolutions of the general partner, manager or other governing body (as evidenced by the Organizational Agreements) of Borrower and each Borrower-Related Party, authorizing the execution, delivery, and performance of this Agreement and the other Loan Documents, and the transactions contemplated hereby and thereby; Loan Agreement Pxxxxxxx Creek, Dxxxxx County, Texas 12; (e) copies of the liability insurance and casualty insurance policies covering Borrower and the Property, evidence of payment of the premiums therefor through at least one year and endorsements of such policies to Lender (in accordance with and meeting the requirements of Sections 10(o) and (p) hereof); (f) all written consents that are required with respect to or necessitated by this Agreement and the other Loan Documents and the transactions contemplated hereby and thereby; (g) the following due diligence and Closing documents and materials: (i) a current appraisal assessing the fair market value of the Property, subject to Lender’s review and acceptance, completed by an appraiser acceptable to Lender, (ii) all environmental site assessments and reports with respect to the Property, including, but not limited to, a wetlands assessment, (iii) all engineering reports and studies, soil analysis, construction, structural and mechanical feasibility reports; all surveys, survey maps, plats and proposed plats; all development plans, construction plans, and other plans and specifications; all topographic, drainage and contour maps and all other reports, maps, studies and surveys of engineers, architects and others; (iv) certified copies of the deeds of conveyance conveying the Property to Borrower, (v) the fully executed settlement statement prepared by the Title Company, which must be approved by Lender prior to execution thereof, (vi) all sales and marketing plans for the Property, (vii) all contracts and agreements with developers, engineers, contractors, subcontractors, consultants and others relating to supervision and maintenance of, and other professional services relating to the Property, (viii) copies of all easements and encumbrances affecting the Property, including land use, water use, mineral rights, surface rights, zoning, subdivision, grading, environmental restrictions, and neighborhood association rights and restrictions and (ix) tax certificates for the Property covering taxes due for tax year(s) 2014 2010 and earlier; (h) all Lot Sale Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); (i) all Senior Loan Documents in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); and (ji) such other and further information, documents, agreements and certificates as are reasonably requested by Lender. No waiver by Lender of the timely delivery of any Closing Delivery will constitute a waiver of any condition precedent to any obligation of Lender to make any Advance or to require delivery of any Closing Delivery prior to the funding of any Advance.

Loan Deliveries. At or prior to the Closing, Borrower shall deliver or cause to be delivered to Lender, the following items, each of which shall be satisfactory in form and substance to Lender (the “Closing Deliveries”): (a) originals duly executed and notarized, as appropriate, by Borrower and the Borrower-Related Parties of the Loan DocumentsDocuments including, without limitation, this Agreement, the Deed of Trust, the Note, the Environmental Indemnity Agreement, the Advance Request, the Guaranty Agreement, the Financial Statement Certifications, the Errors Agreement, the Profits Interest Agreement, the IRS tax disclosure forms, each Subordination Agreement, the Company Certificates, Assignment of Lot Sale Contract, and each Lot Purchaser Consent; (b) the Organizational Agreements of Borrower and each Borrower-Related Party that is an entity; (c) certificates of existence and good standing for Borrower and each Borrower-Related Party that is an entity issued by the appropriate state authorities;; Loan Agreement – Rosehill Reserve Xxxxxx County, Texas 15 (d) resolutions of the general partner, manager or other governing body (as evidenced by the Organizational Agreements) of Borrower and each Borrower-Related Party, authorizing the execution, delivery, and performance of this Agreement and the other Loan Documents, and the transactions contemplated hereby and thereby; Loan Agreement Pxxxxxxx Creek, Dxxxxx County, Texas 12; (e) copies of the liability insurance and casualty insurance policies covering Borrower and the Property, evidence of payment of the premiums therefor through at least one year and endorsements of such policies to Lender (in accordance with and meeting the requirements of Sections 10(o) and (p) hereof); (f) all written consents that are required with respect to or necessitated by this Agreement and the other Loan Documents and the transactions contemplated hereby and thereby; (g) the following due diligence and Closing documents and materials: (i) a current appraisal assessing the fair market value of the Property, subject to Lender’s review and acceptance, completed by an appraiser acceptable to Lender, (ii) all environmental site assessments and reports with respect to the Property, including, but not limited to, a wetlands assessment, (iii) all engineering reports and studies, soil analysis, construction, structural and mechanical feasibility reports; all surveys, survey maps, plats and proposed plats; all development plans, construction plans, and other plans and specifications; all topographic, drainage and contour maps and all other reports, maps, studies and surveys of engineers, architects and others; (iv) certified copies of the deeds of conveyance conveying the Property to Borrower, (v) the fully executed settlement statement prepared by the Title Company, which must be approved by Lender prior to execution thereof, (vi) all sales and marketing plans for the Property, (vii) all contracts and agreements with developers, engineers, contractors, subcontractors, consultants and others relating to supervision and maintenance of, and other professional services relating to the Property, (viii) copies of all easements and encumbrances affecting the Property, including land use, water use, mineral rights, surface rights, zoning, subdivision, grading, environmental restrictions, and neighborhood association rights and restrictions and (ix) tax certificates for the Property covering taxes due for tax year(s) 2014 and earlier; (h) all Lot Sale Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); (i) all Senior Loan Documents in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date)reserved; and (j) such other and further information, documents, agreements and certificates as are reasonably requested by Lender. No waiver by Lender of the timely delivery of any Closing Delivery will constitute a waiver of any condition precedent to any obligation of Lender to make any Advance or to require delivery of any Closing Delivery prior to the funding of any Advance.

Loan Deliveries. At or prior to the Closing, Borrower shall deliver or cause to be delivered to Lender, the following items, each of which shall be satisfactory in form and substance to Lender (the “Closing Deliveries”): (a) originals duly executed and notarized, as appropriate, by Borrower and the Borrower-Related Parties of the Loan DocumentsDocuments including, without limitation, this Agreement, the Deed of Trust, the Note, the Environmental Indemnity Agreement, the Advance Request, the Guaranty Agreement, the Financial Statement Certifications, the Post-Closing Agreement, the Errors Agreement, the IRS tax disclosure forms, the Company Certificates, each Assignment of Contract Rights, and each Assignment of Lot Sale Contract; (b) the Organizational Agreements of Borrower and each Borrower;-Related Party that is an entity; Loan Agreement – Sxxxxxxx Xxxxxx 0X, Xxxx Xxxx Xxxxxx, Xxxxx 13 (c) certificates of existence and good standing for Borrower and each Borrower-Related Party that is an entity issued by the appropriate state authorities; (d) resolutions of the general partner, manager or other governing body (as evidenced by the Organizational Agreements) of Borrower and each Borrower-Related Party, authorizing the execution, delivery, and performance of this Agreement and the other Loan Documents, and the transactions contemplated hereby and thereby; Loan Agreement Pxxxxxxx Creek, Dxxxxx County, Texas 12; (e) copies of the liability insurance and casualty insurance policies covering Borrower and the Property, evidence of payment of the premiums therefor through at least one year and endorsements of such policies to Lender (in accordance with and meeting the requirements of Sections 10(o) and (p) hereof); (f) all written consents that are required with respect to or necessitated by this Agreement and the other Loan Documents and the transactions contemplated hereby and thereby; (g) the following due diligence and Closing documents and materials: (i) a current appraisal assessing the fair market value of the Property, subject to Lender’s review and acceptance, completed by an appraiser acceptable to Lender, (ii) all environmental site assessments and reports with respect to the Property, including, but not limited to, a wetlands assessment, (iii) all engineering reports and studies, soil analysis, construction, structural and mechanical feasibility reports; all surveys, survey maps, plats and proposed plats; all development plans, construction plans, and other plans and specifications; all topographic, drainage and contour maps and all other reports, maps, studies and surveys of engineers, architects and others; (iv) certified copies of the deeds of conveyance conveying the Property to Borrower, (v) the fully executed settlement statement prepared by the Title Company, which must be approved by Lender prior to execution thereof, (vi) all sales and marketing plans for the Property, (vii) all contracts and agreements with developers, engineers, contractors, subcontractors, consultants and others relating to supervision and maintenance of, and other professional services relating to the Property, (viii) copies of all easements and encumbrances affecting the Property, including land use, water use, mineral rights, surface rights, zoning, subdivision, grading, environmental restrictions, and neighborhood association rights and restrictions and (ix) tax certificates for the Property covering taxes due for tax year(s) 2014 and earlier; (h) all Lot Sale Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); (i) all Senior Loan Documents Reimbursement Contracts in existence on the Effective Date (or drafts thereof if unexecuted as of the Effective Date); and (j) such other and further information, documents, agreements and certificates as are reasonably requested by Lender. No waiver by Lender of the timely delivery of any Closing Delivery will constitute a waiver of any condition precedent to any obligation of Lender to make any Advance or to require delivery of any Closing Delivery prior to the funding of any Advance.