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In the event Happy Feet is found to be out of compliance with this section,Happy Feet shall repay the principal amount of the grant as stated in Exhibit B "Compensation"below. 8.Happy Feet agrees th s Grant shall be evidenced by a promissory note and secured by a deed of trust or other appropriate security instrument in favor of Kittitas County (the "Deed of Trust").The Deed of Trust shall be recorded in Kittitas County,and the original returned to Kittitas County after recordation within ninety (90)days of contract execution.Kittitas County will initially be in lienholder position 2,but will then be subrogated to position 3 lienholder when the lender and WA Dept of Commerce record their respective Deeds of Trust.The Deeds of Trust and needed subrogationdocumentationwill be provided by Happy Feet for Kittitas County's reviewand approval.Recording will be handled by Happy Feet,at Happy Feet's expense. The Deed of Trust must be recorded before Kittitas County will provide funds to Happy Feet.The amount secured by the Deed of Trust shall be the amount of the grant as set forth in Exhibit "B"Compensation,below. The Deed of Trust shall remain in full force and effect for a period of ten (10)years following the final payment of state funds to Happy Feet under this grant.Upon satisfaction of the 10-year term requirement and all other grant terms and conditions,Kittitas Co_mty shall,upon written request of Happy Feet,take appropriate action to reconvey the Deed of Trust.However,Happy Feet must provide written evidence of site control,for a minimum of 10 years after final grant payment,either through outright ownershipof the subject property or a long-term lease. 9.Provide insurance coverage as set forth below.The intent of the required insurance to is protect <ittitas County should there be any claims,suits,actions, costs,damages,or expenses arising from any loss,or negligentor intentional act or omission of the Grantee,or agents thereof,while performing under the terms of this Grant. The Grantee shall provide Kittitas County with copies of insurance instruments, certifications,and endorsementsfrom the insurance issuing agency.The copies or certifications shall show the insurance coverage,the designated beneficiary, who is covered,the amounts,the period of coverage,and that Kittitas County will be provided thirty (30)days advance written notice of cancellation. Page 6 of 7