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LOAN AGREEMENT <br /> <br />Page 2 of 3 <br />7.3 Pursue collection under the guaranties; <br /> <br />7.4 Avail itself of all other rights and remedies available at law and in equity. <br /> <br />8. Costs and expenses related to remedial action - The Borrower agrees that all costs and expenses <br />(including reasonable attorneys’ fees and expenses for legal services of every kind) will be the <br />responsibility of the Borrower. <br /> <br />PART THREE – PROMISES BY THE BORROWER <br /> <br />9. The Borrower agrees that it will do the following: <br />9.1 Operate the Nonprofit in full compliance with applicable federal, state, and local laws, <br />including, without limitation, laws relating to equal employment opportunity and occupational <br />health and safety, the North Carolina State Building Code, and local building and land use <br />regulations. <br /> <br />9.2 Promptly perform all obligations of Borrower including the payment, when due, of all amounts <br />owed to County secured by this Agreement; <br /> <br />9.3 Keep proper financial records and books in a manner satisfactory to the County; <br /> <br />9.4 Submit an annual financial statement reviewed or compiled by an independent public <br />accountant within sixty (60) days of the close of the Borrower’s fiscal year for the Nonprofit; <br /> <br />9.5 Submit a copy of its annual tax return to the County within one month of filing. The Borrower <br />hereby authorizes all federal, state and municipal authorities to furnish reports of <br />examinations, records, and other information relating to the condition and affairs of the <br />Nonprofit; <br /> <br />9.6 Maintain books, records, and other documents relating directly to the receipt and <br />disbursement of loan and the fulfillment of this Agreement. Each party agrees that any duly <br />authorized representative of the County shall at all reasonable times, have access to and the <br />right to inspect, copy, audit and examine all of the books, records and other documents <br />relating to the loan. <br /> <br />10. The Borrower further represents to the County and acknowledges that the following things are true: <br />10.1 No financing statement, other than those financing statement(s) on file with the North Carolina <br />Secretary of State at the date of execution of this Agreement. <br /> <br />10.2 The Borrower’s correct address appears below its signature to this Agreement <br /> <br />10.3 All information supplied and statements made by or in support of the Borrower in its <br />application for this credit are true and correct. <br /> <br />PART FOUR – OTHER AGREEMENTS BETWEEN THE PARTIES <br /> <br />11. Communication – <br />11.1 Any communication required or permitted by this Agreement must be in writing. <br /> <br />11.2 Any communication under this Agreement shall be sufficiently given and deemed given when <br />delivered by hand or on the date shown as the date of delivery on a United States Postal <br />Service return receipt, if addressed as follows: <br /> <br />DocuSign Envelope ID: 18B266FC-5A76-4690-9B5F-188F47B4DEDD