Common use of Plats, Annexations and Approvals Clause in Contracts

Plats, Annexations and Approvals. For each Qualified Project to be included in the Borrowing Base: (a) Each plat or map (whether tentative or final) with respect to any portion of any Qualified Project shall comply with all Requirements and shall be satisfactory in form and substance to Lender. Prior to evaluation by Lender of the plat or map for approval, Borrower shall deliver to Lender such certifications, maps, surveys, and other documents and information as Lender requires. Prior to the recordation of any plat or map by Borrower, Borrower shall deliver to Lender such title insurance endorsements insuring the continued priority of the Deed of Trust after recording of the plat or map as Lender may require. Borrower agrees to take such steps as Lender may require in (i) either re-recording the Deed of Trust or amending the Deed of Trust to reflect the new plat legal description, and (ii) obtaining an endorsement to the Title Policy to amend the legal description therein. (b) Borrower shall obtain and, upon request, provide Lender with, evidence of: (i) appropriate zoning for the use and occupancy of each Qualified Project; (ii) all necessary Approvals and Permits of Governmental Authorities and other third parties necessary to permit the development and sale of each Qualified Project, including without limitation all applicable public reports, architectural committee approvals and other approvals required pursuant to any applicable restrictive covenants; (iii) all Approvals and Permits necessary to commence, carry out and complete construction; and (iv) evidence of payment of all fees and other required amounts for such Approvals and Permits. (c) At Lender’s request, Borrower shall provide Lender with true and correct copies of all documents and instruments relating to proposed easements, boundary line adjustments, covenants, conditions and restrictions and other similar matters affecting title to each Qualified Project in connection with the development thereof, together with all surveys, plats, contracts, and other information requested by Lender in connection therewith. Such easements, boundary line adjustments, covenants, conditions and restrictions and other matters shall not be entered into by Borrower unless consented to in writing by Lender, which consent shall not be unreasonably withheld by Lender so long as they are entered into in the ordinary course of developing each Qualified Project. If such consent is granted by Lender, Lender will also enter into such subordinations and releases as may be appropriate in connection with such easements, boundary line adjustments, and covenants, conditions and restrictions, provided that such subordinations are in form reasonably satisfactory to Lender and, in connection with any such releases, Borrower has satisfied the conditions precedent set forth in Section 3.2.1 above. In the event that Borrower is not able to comply with the covenants set forth herein for a Qualified Project or portion thereof for a period of thirty (30) days following written notice from Lender (provided that if Borrower cannot reasonably cure such non-compliance within such thirty (30) day period, such thirty (30) day period shall be extended for a reasonable period not in excess of ninety (90) days from the date of Lender’s notice to cure such noncompliance provided that Borrower shall have commenced such cure within such thirty (30) day period and shall diligently thereafter proceed to effect such cure), then said Qualified Project (or portion thereof, as the case may be) shall cease to be a part of the Borrowing Base until Borrower shall so comply.

Plats, Annexations and Approvals. For each Qualified Project to be included in the Borrowing Base: (a) Each plat or map (whether tentative or final) with respect to any portion of any Qualified the Project shall comply with all Requirements and shall be satisfactory in form and substance to Lender. Prior to evaluation by Lender of the plat or map for approval, Borrower shall deliver to Lender such certifications, maps, surveys, and other documents and information as Lender reasonably requires. Prior to the recordation of any plat or map by Borrower, Borrower shall deliver to Lender such title insurance endorsements insuring the continued priority of the Deed of Trust after recording of the plat or map as Lender may reasonably require. Borrower agrees to take such steps as Lender may reasonably require in (i) either re-recording the Deed of Trust or amending the Deed of Trust to reflect the new plat legal description, and (ii) obtaining an endorsement to the Title Policy to amend the legal description therein. In no event shall Borrower fail to record the final map for the Project later than 30 days following the Closing Date; if the final map is not approved by Lender and recorded with said 30-day period, Borrower shall not be entitled to draw any Loan funds unless and until said final map is recorded in compliance with this Section 6.3.3. (b) Borrower shall obtain and, upon request, provide Lender with, evidence of: (i) appropriate zoning for the use and occupancy of each Qualified the Project; (ii) all necessary Approvals and Permits of Governmental Authorities and other third parties necessary to permit the development and sale of each Qualified the Project, including without limitation all applicable public reports, architectural committee approvals and other approvals required pursuant to any applicable restrictive covenants; (iii) all Approvals and Permits necessary to commence, carry out and complete construction; and (iv) evidence of payment of all fees and other required amounts for such Approvals and Permits. (c) At Lender’s request, Borrower shall provide Lender with true and correct copies of all documents and instruments relating to proposed easements, boundary line adjustments, covenants, conditions and restrictions and other similar matters affecting title to each Qualified the Project in connection with the development thereof, together with all surveys, plats, contracts, and other information requested by Lender in connection therewith. Such easements, boundary line adjustments, covenants, conditions and restrictions and other matters shall not be entered into by Borrower unless consented to in writing by Lender, which consent shall not be unreasonably withheld by Lender so long as they are entered into in the ordinary course of developing each Qualified the Project. If such consent is granted by Lender, Lender will also enter into such subordinations and releases as may be appropriate in connection with such easements, boundary line adjustments, and covenants, conditions and restrictions, provided that such subordinations are in form reasonably satisfactory to Lender and, in connection with any such releases, Borrower has satisfied the conditions precedent set forth in Section 3.2.1 above. In the event that Borrower is not able to comply with the covenants set forth herein for a Qualified Project or portion thereof for a period of thirty (30) days following written notice from Lender (provided that if Borrower cannot reasonably cure such non-compliance within such thirty (30) day period, such thirty (30) day period shall be extended for a reasonable period not in excess of ninety (90) days from the date of Lender’s notice to cure such noncompliance provided that Borrower shall have commenced such cure within such thirty (30) day period and shall diligently thereafter proceed to effect such cure), then said Qualified Project (or portion thereof, as the case may be) shall cease to be a part of the Borrowing Base until Borrower shall so comply.

Plats, Annexations and Approvals. For each Qualified Project to be included in the Borrowing Base: (a) Each plat or map (whether tentative or final) with respect to any portion of any Qualified Project shall comply with all Requirements and shall be satisfactory in form and substance to Lender. Prior to evaluation by Lender of the plat or map for approval, Borrower shall deliver to Lender such certifications, maps, surveys, surveys and other documents and information as Lender requires. Prior to the recordation of any plat or map by Borrower, Borrower shall deliver to Lender such title insurance endorsements insuring the continued priority of the Deed of Trust after recording of the plat or map as Lender may require. Borrower agrees to take such steps as Lender may require in (i) either re-recording the Deed of Trust or amending the Deed of Trust to reflect the new plat legal description, and (ii) obtaining an endorsement to the Title Policy to amend the legal description therein. (b) Based on the applicable stage of development, Borrower shall obtain and, upon request, provide Lender with, evidence of: (i) appropriate zoning for the use and occupancy of each Qualified Project; (ii) all necessary Approvals and Permits of Governmental Authorities and other third parties necessary to permit the development and sale of each Qualified Project, including without limitation all applicable public reports, architectural committee approvals approvals, public offering statements, exemptions and other approvals required pursuant to any applicable restrictive covenants; (iii) all Approvals and Permits necessary to commence, carry out and complete construction; and (iv) evidence of payment of all fees and other required amounts for such Approvals and Permits. (c) At Lender’s request, Borrower shall provide Lender with true and correct copies of all documents and instruments relating to proposed easements, boundary line adjustments, covenants, conditions and restrictions and other similar matters affecting title to each Qualified Project in connection with the development thereof, together with all surveys, plats, contracts, contracts and other information requested by Lender in connection therewith. Such easements, boundary line adjustments, covenants, conditions and restrictions and other matters shall not be entered into by Borrower unless consented to in writing by Lender, which consent shall not be unreasonably withheld by Lender so long as they are entered into in the ordinary course of developing each Qualified Project. If such consent is granted by Lender, Lender will also enter into such subordinations and releases as may be appropriate in connection with such easements, boundary line adjustments, adjustments and covenants, conditions and restrictions, provided that such subordinations are in form reasonably satisfactory to Lender and, in connection with any such releases, Borrower has satisfied the conditions precedent set forth in Section 3.2.1 above. In the event that Borrower is not able to comply with the covenants set forth herein for a Qualified Project or portion thereof for a period of thirty (30) days following written notice from Lender (provided that if Borrower cannot reasonably cure such non-compliance within such thirty (30) day period, such thirty (30) day period shall be extended for a reasonable period not in excess of ninety (90) days from the date of Lender’s notice to cure such noncompliance non-compliance provided that Borrower shall have commenced such cure within such thirty (30) day period and shall diligently thereafter proceed to effect such cure), then said such Qualified Project (or portion thereof, as the case may be) shall cease to be a part of the Borrowing Base until Borrower shall so comply.

Plats, Annexations and Approvals. For each Qualified Project or any portion thereof to be included in the Borrowing Base: (ai) Each plat plat, Tentative Map or map (whether tentative or final) Final Map with respect to any portion of any Qualified Project shall comply with all Requirements Laws and shall be satisfactory in form and substance to LenderMajority Lenders. Prior to evaluation by Lender Majority Lenders of the plat or map for approval, Borrower shall deliver to Lender Administrative Agent such certifications, maps, surveys, surveys and other documents and information as Lender Majority Lenders requires. Prior to the recordation of any plat or map by Borrowerrelating to any Borrower Real Property, Borrower shall deliver to Lender Administrative Agent such title insurance endorsements insuring the continued priority of the Deed of Trust after recording of the plat or map as Lender Majority Lenders may require. Borrower agrees to take such steps as Lender Majority Lenders may require in (i) either re-recording the Deed of Trust or amending the Deed of Trust to reflect the new plat legal description, and (ii) obtaining an endorsement to the Title Policy to amend the legal description therein. (bii) Based on the applicable stage of development, Borrower shall obtain and, upon request, provide Lender Administrative Agent with, evidence of: (i) appropriate zoning Entitlements for the use use, entitlement, management, development, operation, marketing and occupancy sale of each Qualified ProjectProject or portion thereof and compliance therewith in all material respects; (ii) all necessary Approvals approvals and Permits permits of Governmental Authorities and other third parties necessary to permit the development use, entitlement, management, development, operation, marketing and sale of each Qualified ProjectProject or portion thereof, including without limitation all applicable public reports, architectural committee approvals approvals, public offering statements, exemptions and other approvals required pursuant to any applicable restrictive covenantsLaws or Permitted Exceptions; (iii) all Approvals and Permits Entitlements necessary to commence, carry out and complete constructionHorizontal Improvements or Vertical Construction; and (iv) evidence of payment of all fees and other required amounts for such Approvals approvals and Permitspermits. (ciii) At Administrative Agent’s or any Lender’s request, Borrower shall provide Administrative Agent or such Lender with true and correct copies of all documents and instruments relating to proposed easements, boundary line adjustments, covenants, conditions and restrictions and other similar matters affecting title to each Qualified Project or portion thereof in connection with the development use, entitlement, management, development, operation, marketing and sale thereof, together with all surveys, plats, contracts, contracts and other information requested by Administrative Agent or such Lender in connection therewith. Such easements, boundary line adjustments, covenants, conditions and restrictions and other matters shall not be entered into by Borrower unless consented to in writing by LenderMajority Lenders, which consent shall not be unreasonably withheld by Lender Majority Lenders, so long as they are entered into in the ordinary course of developing each Qualified Project. If such consent is granted by LenderMajority Lenders, Lender Administrative Agent on behalf of itself and the Lenders will also enter into such subordinations and releases as may be appropriate in connection with such easements, boundary line adjustments, adjustments and covenants, conditions and restrictions, provided that such subordinations are in form reasonably satisfactory to Lender Majority Lenders, and, in connection with any such releases, Borrower has satisfied the conditions precedent set forth in Section 3.2.1 above8.03. In the event that Borrower is not able to comply with the covenants set forth herein for a Qualified Project or portion thereof for a period of thirty ten (3010) days following written notice from Lender Administrative Agent (provided that if Borrower cannot reasonably cure such non-compliance within such thirty ten (3010) day period, such thirty ten (3010) day period shall be extended for a reasonable period not in excess of ninety thirty (9030) days from the date of LenderAdministrative Agent’s notice to cure such noncompliance non-compliance provided that Borrower shall have commenced such cure within such thirty ten (3010) day period and shall diligently thereafter proceed to effect such cure), then said Qualified such Project (or portion thereof, as the case may be) shall cease to be a part have any value in calculation of the Borrowing Base until Borrower shall so comply.

Plats, Annexations and Approvals. For each Qualified Project or any portion thereof to be included in the Borrowing Baseas Collateral hereunder: (ai) Each plat plat, tentative tract map or map (whether tentative or final) Final Map with respect to any portion of any Qualified Project shall comply with all Requirements and shall be satisfactory in form and substance to Lender. Prior to evaluation by Lender of the plat or map for approval, Borrower shall deliver to Lender such certifications, maps, surveys, and other documents and information as Lender requireslaws. Prior to the recordation of any plat or map by Borrowerrelating to any Issuer Real Property, Borrower the Issuer shall deliver to Lender the Collateral Trustee such title insurance endorsements insuring the continued priority of the Deed of Trust after recording of the plat or map as Lender the Collateral Trustee may require. Borrower The Issuer agrees to take such steps as Lender the Collateral Trustee may require in (iA) either re-recording the Deed of Trust or amending the Deed of Trust to reflect the new plat legal description, and (iiB) obtaining an endorsement to the Title Policy to amend the legal description therein. (bii) Borrower Based on the applicable stage of development, the Issuer shall obtain and, upon request, provide Lender the Collateral Trustee with, evidence of: (ia) appropriate zoning Entitlements for the use use, entitlement, management, development, operation, marketing and occupancy sale of each Qualified ProjectProject or portion thereof and compliance therewith in all material respects; (iib) all necessary Approvals approvals and Permits permits of Governmental Authorities and other third parties necessary to permit the development use, entitlement, management, development, operation, marketing and sale of each Qualified ProjectProject or portion thereof, including without limitation all applicable public reports, architectural committee approvals approvals, public offering statements, exemptions and other approvals required pursuant to any applicable restrictive covenantslaws or Permitted Exceptions; (iiic) all Approvals and Permits Entitlements necessary to commence, carry out and complete constructionHorizontal Improvements or Vertical Construction; and (ivd) evidence of payment of all fees and other required amounts for such Approvals approvals and Permitspermits. (ciii) At Lenderthe Collateral Trustee’s request, Borrower the Issuer shall provide Lender with true and correct copies of all documents and instruments relating to proposed easements, boundary line adjustments, covenants, conditions and restrictions and other similar matters affecting title to each Qualified Project or portion thereof in connection with the development use, entitlement, management, development, operation, marketing and sale thereof, together with all surveys, plats, contracts, contracts and other information requested by Lender the Collateral Trustee in connection therewith. Such easements, boundary line adjustments, covenants, conditions and restrictions and other matters shall not be entered into by Borrower unless consented to in writing by Lender, which consent shall not be unreasonably withheld by Lender so long as they are entered into in the ordinary course of developing each Qualified Project. If such consent is granted by Lender, Lender will also enter into such subordinations and releases as may be appropriate in connection with such easements, boundary line adjustments, and covenants, conditions and restrictions, provided that such subordinations are in form reasonably satisfactory to Lender and, in connection with any such releases, Borrower has satisfied the conditions precedent set forth in Section 3.2.1 above. In the event that Borrower is not able to comply with the covenants set forth herein for a Qualified Project or portion thereof for a period of thirty (30) days following written notice from Lender (provided that if Borrower cannot reasonably cure such non-compliance within such thirty (30) day period, such thirty (30) day period shall be extended for a reasonable period not in excess of ninety (90) days from the date of Lender’s notice to cure such noncompliance provided that Borrower shall have commenced such cure within such thirty (30) day period and shall diligently thereafter proceed to effect such cure), then said Qualified Project (or portion thereof, as the case may be) shall cease to be a part of the Borrowing Base until Borrower shall so comply.

Plats, Annexations and Approvals. For each Qualified Project to be included in the Borrowing Base: (a) Each plat or map (whether tentative or final) with respect to any portion of any Qualified Project shall comply with all Requirements and shall be satisfactory in form and substance to Lender. Prior to evaluation by Lender of the plat or map for approval, Borrower shall deliver to Lender such certifications, maps, surveys, and other documents and information as Lender requires. Prior to the recordation of any plat or map by Borrower, Borrower shall deliver to Lender such title insurance endorsements insuring the continued priority of the Deed of Trust after recording of the plat or map as Lender may require. Borrower agrees to take such steps as Lender may require in (i) either re-recording the Deed of Trust or amending the Deed of Trust to reflect the new plat legal description, and (ii) obtaining an endorsement to the Title Policy to amend the legal description therein. (b) Borrower shall obtain and, upon request, provide Lender with, evidence of: (i) appropriate zoning for the use and occupancy of each Qualified Project; (ii) all necessary Approvals and Permits of Governmental Authorities and other third parties necessary to permit the development and sale of each Qualified Project, including without limitation all applicable public reports, architectural committee approvals and other approvals required pursuant to any applicable restrictive covenants; (iii) all Approvals and Permits necessary to commence, carry out and complete construction; and (iv) evidence of payment of all fees and other required amounts for such Approvals and Permits. (c) At Lender’s request, Borrower shall provide Lender with true and correct copies of all documents and instruments relating to proposed easements, boundary line adjustments, covenants, conditions and restrictions and other similar matters affecting title to each Qualified Project in connection with the development thereof, together with all surveys, plats, contracts, and other information requested by Lender in connection therewith. Such easements, boundary line adjustments, covenants, conditions and restrictions and other matters shall not be entered into by Borrower unless consented to in writing by Lender, which consent shall not be unreasonably withheld by Lender so long as they are entered into in the ordinary course of developing each Qualified Project. If such consent is granted by Lender, Lender will also enter into such subordinations and releases as may be appropriate in connection with such easements, boundary line adjustments, and covenants, conditions and restrictions, provided that such subordinations are in form reasonably satisfactory to Lender and, in connection with any such releases, Borrower has satisfied the conditions precedent set forth in Section 3.2.1 above. In the event that Borrower is not able to comply with the covenants set forth herein for a Qualified Project or portion thereof for a period of thirty (30) days following written notice from Lender (provided that if Borrower cannot reasonably cure such non-compliance within such thirty (30) day period, such thirty (30) day period shall be extended for a reasonable period not in excess of ninety (90) days from the date of Lender’s notice to cure such noncompliance non-compliance provided that Borrower shall have commenced such cure within such thirty (30) day period and shall diligently thereafter proceed to effect such cure), then said Qualified Project (or portion thereof, as the case may be) shall cease to be a part of the Borrowing Base until Borrower shall so comply.

Plats, Annexations and Approvals. For each Qualified Project to be included in the Borrowing Base: (a) Each plat or map (whether tentative or final) with respect to any portion of any Qualified Project shall comply with all Requirements and shall be satisfactory in form and substance to Lender. Prior to evaluation by Lender of the plat or map for approval, Borrower shall deliver to Lender such certifications, maps, surveys, and other documents and information as Lender requires. Prior to the recordation of any plat or map by Borrower, Borrower shall deliver to Lender such title insurance endorsements insuring the continued priority of the Deed of Trust after recording of the plat or map as Lender may require. Borrower agrees to take such steps as Lender may require in (i) either re-recording the Deed of Trust or amending the Deed of Trust to reflect the new plat legal description, and (ii) obtaining an endorsement to the Title Policy to amend the legal description therein. (b) Borrower shall obtain and, upon request, provide Lender with, evidence of: : (i) appropriate zoning for the use and occupancy of each Qualified Project; (ii) all necessary Approvals and Permits of Governmental Authorities and other third parties necessary to permit the development and sale of each Qualified Project, including without limitation all applicable public reports, architectural committee approvals and other approvals required pursuant to any applicable restrictive covenants; (iii) all Approvals and Permits necessary to commence, carry out and complete construction; and (iv) evidence of payment of all fees and other required amounts for such Approvals and Permits. (c) At Lender’s 's request, Borrower shall provide Lender with true and correct copies of all documents and instruments relating to proposed easements, boundary line adjustments, covenants, conditions and restrictions and other similar matters affecting title to each Qualified Project in connection with the development thereof, together with all surveys, plats, contracts, and other information requested by Lender in connection therewith. Such easements, boundary line adjustments, covenants, conditions and restrictions and other matters shall not be entered into by Borrower unless consented to in writing by Lender, which consent shall not be unreasonably withheld by Lender so long as they are entered into in the ordinary course of developing each Qualified Project. If such consent is granted by Lender, Lender will also enter into such subordinations and releases as may be appropriate in connection with such easements, boundary line adjustments, and covenants, conditions and restrictions, provided that such subordinations are in form reasonably satisfactory to Lender and, in connection with any such releases, Borrower has satisfied the conditions precedent set forth in Section 3.2.1 above. In the event that Borrower is not able to comply with the covenants set forth herein for a Qualified Project or portion thereof for a period of thirty (30) days following written notice from Lender (provided that if Borrower cannot reasonably cure such non-compliance within such thirty (30) day period, such thirty (30) day period shall be extended for a reasonable period not in excess of ninety (90) days from the date of Lender’s notice to cure such noncompliance provided that Borrower shall have commenced such cure within such thirty (30) day period and shall diligently thereafter proceed to effect such cure), then said Qualified Project (or portion thereof, as the case may be) shall cease to be a part of the Borrowing Base until Borrower shall so comply.

Plats, Annexations and Approvals. For each Qualified Project to be included in the Borrowing Base: (a) Each plat or map (whether tentative or final) with respect to any portion of any Qualified the Project shall comply with all Requirements and shall be satisfactory in form and substance to LenderAdministrative Agent. Prior to evaluation by Lender Administrative Agent of the plat or map for approval, Borrower shall deliver to Lender Administrative Agent such certifications, maps, surveys, and other documents and information as Lender Administrative Agent reasonably requires. Prior to the recordation of any plat or map by Borrower, Borrower shall deliver to Lender Administrative Agent such title insurance endorsements insuring the continued priority of the Deed of Trust after recording of the plat or map as Lender Administrative Agent may reasonably require. Borrower agrees to take such steps as Lender Administrative Agent may reasonably require in (i) either re-recording the Deed of Trust or amending the Deed of Trust to reflect the new plat legal description, and (ii) obtaining an endorsement to the Title Policy to amend the legal description thereintherein and/or at Administrative Agent’s option to assure that the plat or map includes the same property as is encumbered by the Deed of Trust. (b) Borrower shall obtain and, upon request, provide Lender Administrative Agent with, evidence of: of (i) appropriate zoning for the use and occupancy of each Qualified the Project; (ii) all necessary Approvals and Permits of Governmental Authorities and other third parties necessary to permit the development and sale of each Qualified the Project, including including, without limitation limitation, all applicable public reports, architectural committee approvals and other approvals required pursuant to any applicable restrictive covenants; (iii) all Approvals and Permits necessary to commence, carry out and complete construction; and (iv) evidence of payment of all fees and other required amounts for such Approvals and Permits. (c) At Lender’s request, Borrower shall provide Lender Administrative Agent with true and correct copies of all documents and instruments relating to proposed easements, boundary line adjustments, covenants, conditions and restrictions and other similar matters affecting title to each Qualified the Project in connection with the development thereof, together with all surveys, plats, contracts, and other information requested by Lender Administrative Agent in connection therewith. Such easements, boundary line adjustments, covenants, conditions and restrictions and other matters shall not be entered into by Borrower unless consented to in writing by LenderAdministrative Agent, which consent shall not be unreasonably withheld by Lender Administrative Agent so long as they are entered into in the ordinary course of developing each Qualified the Project. If such consent is granted by LenderAdministrative Agent, Lender Administrative Agent will also enter into such subordinations and releases as may be appropriate in connection with such easements, boundary line adjustments, and covenants, conditions and restrictions, provided that such subordinations are in form reasonably satisfactory to Lender Administrative Agent and, in connection with any such releases, Borrower has satisfied the conditions precedent set forth in Section 3.2.1 above. In the event that Borrower is not able to comply with the covenants set forth herein for a Qualified Project or portion thereof for a period of thirty (30) days following written notice from Lender (provided that if Borrower cannot reasonably cure such non-compliance within such thirty (30) day period, such thirty (30) day period shall be extended for a reasonable period not in excess of ninety (90) days from the date of Lender’s notice to cure such noncompliance provided that Borrower shall have commenced such cure within such thirty (30) day period and shall diligently thereafter proceed to effect such cure), then said Qualified Project (or portion thereof, as the case may be) shall cease to be a part of the Borrowing Base until Borrower shall so comply3.2.1.

Plats, Annexations and Approvals. For each Qualified Project to be included in the Borrowing Base: (a) Each plat or map (whether tentative or final) with respect to any portion of any Qualified the Project shall comply with all Requirements and shall be satisfactory in form and substance to Lender. Prior to evaluation by Lender of the plat or map for approval, Borrower shall deliver to Lender such certifications, maps, surveys, and other documents and information as Lender reasonably requires. Prior to the recordation of any plat or map by Borrower, Borrower shall deliver to Lender such title insurance endorsements insuring the continued priority of the Deed of Trust after recording of the plat or map as Lender may reasonably require. Borrower agrees to take such steps as Lender may reasonably require in (i) either re-recording the Deed of Trust or amending the Deed of Trust to reflect the new plat legal description, and (ii) obtaining an endorsement to the Title Policy to amend the legal description therein. In no event shall Borrower fail to record the final map for the Project later than 30 days following the Closing Date; if the final map is not approved by Lender and recorded with said 30-day period, Borrower shall not be entitled to draw any Loan funds unless and until said final map is recorded in compliance with this Section 6.3.3. (b) Borrower shall obtain and, upon request, provide Lender with, evidence of: (i) appropriate zoning for the use and occupancy of each Qualified the Project; (ii) all necessary Approvals and Permits of Governmental Authorities and other third parties necessary to permit the development and sale of each Qualified the Project, including without limitation all applicable public reports, architectural committee approvals and other approvals required pursuant to any applicable restrictive covenants; (iii) all Approvals and Permits necessary to commence, carry out and complete construction; and (iv) evidence of payment of all fees and other required amounts for such Approvals and Permits. (c) At Lender’s request, Borrower shall provide Lender with true and correct copies of all documents and instruments relating to proposed easements, boundary line adjustments, covenants, conditions and restrictions and other similar matters affecting title to each Qualified Project in connection with the development thereof, together with all surveys, plats, contracts, and other information requested by Lender in connection therewith. Such easements, boundary line adjustments, covenants, conditions and restrictions and other matters shall not be entered into by Borrower unless consented to in writing by Lender, which consent shall not be unreasonably withheld by Lender so long as they are entered into in the ordinary course of developing each Qualified Project. If such consent is granted by Lender, Lender will also enter into such subordinations and releases as may be appropriate in connection with such easements, boundary line adjustments, and covenants, conditions and restrictions, provided that such subordinations are in form reasonably satisfactory to Lender and, in connection with any such releases, Borrower has satisfied the conditions precedent set forth in Section 3.2.1 above. In the event that Borrower is not able to comply with the covenants set forth herein for a Qualified Project or portion thereof for a period of thirty (30) days following written notice from Lender (provided that if Borrower cannot reasonably cure such non-compliance within such thirty (30) day period, such thirty (30) day period shall be extended for a reasonable period not in excess of ninety (90) days from the date of Lender’s notice to cure such noncompliance provided that Borrower shall have commenced such cure within such thirty (30) day period and shall diligently thereafter proceed to effect such cure), then said Qualified Project (or portion thereof, as the case may be) shall cease to be a part of the Borrowing Base until Borrower shall so comply.