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601.14 Documents Recorded. This Agreement, the Agency Deed of Trust, the City Deed of Trust and the Affordability Restrictions shall have been recorded in the Official Records of the County. 601.15 Request for Notice. Agency shall have recorded a request for notice of default under the Senior Loan ("Request for Notice of Default"). 601.16 Insurance. Agency/City shall have received evidence satisfactory to the Agency/City Attorney and the City's Risk Manager that all of the policies of insurance required by Article 1900 of this Agreement are in full force and effect. 601.17 No Litigation. No litigation or other proceeding shall be pending or threatened by any third parties which seeks to enjoin the transactions contemplated herein. 601.18 Representations and Warranties. The representations and warranties of Developer contained in this Agreement and the other Project Documents shall be correct as of each disbursement of any proceeds of the Loans as though made on and as of that date, and if requested by the Executive Director, Agency/City shall have received a certificate to that effect signed by Developer's Representative. 601.19 No Default. No Event of Default by Developer under this Agreement or any other Project Document shall have occurred, and no event shall have occurred which, with the giving of notice or the passage of time or both, would constitute an Event of Default by Developer under this Agreement or any other Project Document, and if requested by the Executive Director, Agency/City shall have received a certificate to that effect signed by Developer's Representative. 602. Additional Conditions Precedent to Any Disbursement. Agency/City's obligation to make any disbursement of the Loans (including the first and final disbursements) is subject to the satisfaction of the following Conditions Precedent: 602.1 Conditions Precedent. All Conditions Precedent set forth in Section 601 shall have been satisfied (and shall remain satisfied) by Developer (or shall have been waived by Executive Director). 602.2 Satisfactory Progress. The Executive Director shall be satisfied, based on his/her own inspections or other reliable information, that the construction is progressing satisfactorily in conformance with all applicable laws and other requirements (including HOME regulations). 602.3 Draw Request. Developer shall have submitted a draw request to Agency and City in accordance with (and including all information and documentation required by) Sections 604, 607, 609, 611, 1003 and 1005 hereof. 602.4 Condition of Title. Either (i) the Executive Director reasonably believes that no event has occurred that would give rise to a colorable claim against the Property (e.g., a mechanic's lien) superior to the claim of Agency/City against the Property with respect to the subject disbursement, or if such claim is made, then Executive Director shall receive satisfactory evidence that such claim has been bonded over until its resolution; or (ii) Agency/City must have received, at Developer's expense but payable out of the Loan proceeds from the title insurer who issued the 23 DOCSOC/ I469583v5/200272-0003