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601.14 Documents Recorded. This Agreement, the Agency Deed of Trust, the <br />City Deed of Trust and the Affordability Restrictions shall have been recorded in the Official <br />Records of the County. <br />601.15 Request for Notice. Agency shall have recorded a request for notice of <br />default under the Senior Loan ("Request for Notice of Default"). <br />601.16 Insurance. Agency/City shall have received evidence satisfactory to the <br />Agency/City Attorney and the City's Risk Manager that all of the policies of insurance required by <br />Article 1900 of this Agreement are in full force and effect. <br />601.17 No Litigation. No litigation or other proceeding shall be pending or <br />threatened by any third parties which seeks to enjoin the transactions contemplated herein. <br />601.18 Representations and Warranties. The representations and warranties of <br />Developer contained in this Agreement and the other Project Documents shall be correct as of each <br />disbursement of any proceeds of the Loans as though made on and as of that date, and if requested by <br />the Executive Director, Agency/City shall have received a certificate to that effect signed by <br />Developer's Representative. <br />601.19 No Default. No Event of Default by Developer under this Agreement or <br />any other Project Document shall have occurred, and no event shall have occurred which, with the <br />giving of notice or the passage of time or both, would constitute an Event of Default by Developer <br />under this Agreement or any other Project Document, and if requested by the Executive Director, <br />Agency/City shall have received a certificate to that effect signed by Developer's Representative. <br />602. Additional Conditions Precedent to Any Disbursement. Agency/City's obligation <br />to make any disbursement of the Loans (including the first and final disbursements) is subject to the <br />satisfaction of the following Conditions Precedent: <br />602.1 Conditions Precedent. All Conditions Precedent set forth in Section 601 <br />shall have been satisfied (and shall remain satisfied) by Developer (or shall have been waived by <br />Executive Director). <br />602.2 Satisfactory Progress. The Executive Director shall be satisfied, based on <br />his/her own inspections or other reliable information, that the construction is progressing <br />satisfactorily in conformance with all applicable laws and other requirements (including HOME <br />regulations). <br />602.3 Condition of Title. Either (i) the Executive Director reasonably believes <br />that no event has occurred that would give rise to a colorable claim against the Property (e.g., a <br />mechanic's lien) superior to the claim of Agency/City against the Property with respect to the subject <br />disbursement, or if such claim is made, then Executive Director shall receive satisfactory evidence <br />that such claim has been bonded over until its resolution; or (ii) Agency/City must have received, at <br />Developer's expense but payable out of the Loan proceeds from the title insurer who issued the <br />Agency/City Title Policy, all endorsements thereto then reasonably required by Agency/City <br />(including, without limitation, CLTA Form 122 -- priority of advance endorsements). <br />20-29