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<br /> Rural Economic Development Loan Agreement and EXHIBIT E j
<br /> Legally Binding Commitment, Private Owner 2020-025-3201-2587
<br /> BUILDING REUSE PROGRAM—Revision#3
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<br /> or loss, cost or expense, including,without limitation,reasonable attorneys' fees, fines, j
<br /> penalties and civil judgments,resulting from or arising out of or in connection with or i
<br /> pertaining to,any loss or damage to property or any injury to or death of any person
<br /> occurring in connection with the Project,or resulting from any defect in the fixtures,
<br /> machinery,equipment or other property used in connection with the Project or arising out
<br /> of,pertaining to,or having any connection with,the Project or the financing thereof
<br /> (whether or not arising out of acts,omissions or negligence of the Owner or of any third
<br /> party(including,without limitation, any Business),or of any of their agents, contractors,
<br /> servants, employees, licensees, lessees,or assignees), including any claims and losses
<br /> accruing to or resulting from any and all subcontractors, material men, laborers and any
<br /> other person, firm or corporation furnishing or supplying work,services, materials or
<br /> supplies in connection with the Project.
<br /> 11. Owner Representations and Warranties. The Owner hereby represents and warrants that:
<br /> (a). The Owner and every Business are duly authorized to do business under North
<br /> Carolina law and are not delinquent on any federal,state or local taxes,licenses or
<br /> fees.
<br /> (b). This LBC has been entered into and executed on behalf of the Owner by an individual
<br /> with full actual and apparent authority to bind the Owner to the terms hereto,and the
<br /> execution and delivery of this LBC have been duly authorized by all necessary action,
<br /> and are not in contravention of law nor in contravention of any certificate of
<br /> authority,bylaws or other applicable organizational documents of the Owner,nor are
<br /> they in contravention of the provisions of any indenture,agreement or undertaking to
<br /> which the Owner is a party or by which it is bound.
<br /> (c), The Promissory Note has been executed by every individual or entity that has any
<br /> ownership interest in the Property and is fully binding on the Owner.
<br /> (d). There is no action,suit,proceeding or investigation at law or in equity before any
<br /> court,public board or body pending, or,to the Owner's knowledge,threatened
<br /> against or affecting the Owner,that could or might adversely affect the Project, the
<br /> creation of the New Jobs or any of the transactions contemplated by this LBC,or the i
<br /> validity or enforceability of this LBC or the Owner's ability to discharge its
<br /> obligations under this LBC, i
<br /> (e), Upon the Owner's reasonable Inquiry of any Business,there is no action,suit,
<br /> proceeding or investigation at law or in equity before any court,public board or body
<br /> pending,threatened against or affecting any Business that could or might adversely
<br /> affect the Project, the creation of the Jobs or any of the transactions contemplated by
<br /> this LBC or the validity or enforceability of this LBC or the ability of any Business to
<br /> create the Jobs specified herein,
<br /> {f). No consent or approval is necessary from any governmental authority as a condition
<br /> to the execution and delivery of this LBC by the Owner or the performance of any of
<br /> its obligations hereunder, or else all such requisite governmental consents or
<br /> approvals have been obtained. The Owner shall provide the Governmental Unit or
<br /> Commerce with evidence of the existence of any such necessary consents or
<br /> approvals at the time of the execution of this LBC,
<br /> (g), The Owner is solvent and has Inquired of and received reasonable evidence from any
<br /> Business of the solvency of that Business.
<br /> Legally Binding Commitment-6
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