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w, <br />provided that the proceeds of any Additional Notes shall be used solely <br />to pay permissible costs under the Act and that the issuance of such <br />Additional Notes shall not result in the interest on the Notes outstand- <br />ing immedfately prior to such issuance becoming subject to federal <br />income tax. Such Additional Notes shall be on a parity with the Project <br />Note and any Additional Notes theretofore or thereafter issued. Before <br />any Additional Notes are delivered there shall be delivered to the <br />Mortgagee: <br />(a) A duly certified copy of the Note Legislation <br />authorizing the execution and delivery of such Additional <br />Notes and any amendment or supplement to the Mote Docu- <br />ments; <br />(b) Original executed counterparts of any amend- <br />ments or supplements to the Note Documents; <br />(c) Original executed counterparts of any amend- <br />ments or supplements to the Mortgage and Lease Assignment; <br />(d) A copy of the written request from the Owner to <br />the Issuer for issuance of the Additional Notes; <br />(e) The payment by the Owner to the Mortgagee of <br />any loan fee or closing fee and reimbursement by the Owner <br />of any out-of-pocket expenses incurred directly or in- <br />directly by the Mortgagee in connection with the issuance <br />of the Notes; <br />(f) The written opinion of legal counsel for the <br />Owner and the Lessee, satisfactory to the Mortgagee, <br />addressing those matters customarily covered by Owner's <br />counsel in corporate financing transaction; <br />(g) An ALTA Mortgagee's policy of Title Insurance <br />or commitment therefor, in the principal amount of the <br />Notes, insuring that the Mortgagee has a valid first <br />mortgage upon the Project Site subject only to Permitted <br />Encumbrances as set forth in the Mortgage; <br />(h) The written opinion of bond counsel to the <br />effect that the Notes, when du2y executed and delivered, <br />will be valid and legally binding special obligations of <br />the Issuer enforceable in accordance with their terms and <br />31