Laserfiche WebLink
201203748 <br />but not limited to the employment of independent counsel, the prosecution or defense of <br />litigation, and the compromise or discharge of adverse claims. All expenditures so made of every <br />kind and character shall be an Obligation (which Obligation Grantor hereby promises to pay on <br />demand of Beneficiary) owing by Grantor to Beneficiary, and Beneficiary shall be subrogated to <br />all rights of the person receiving such payment. <br />(c) Taxes and Other Impositions. Grantor will pay, or cause to be paid, all taxes, <br />assessments and other charges or levies imposed upon or against or with respect to the <br />Mortgaged Property or the ownership, use, occupancy or enjoyment of any portion thereof, or <br />any utility service thereto, as the same become due and payable, including but not limited to ad <br />valorem taxes assessed against the Mortgaged Property or any part thereof, and shall deliver <br />promptly to Beneficiary such evidence of the payment thereof as Beneficiary may require. <br />(d) Insurance. Grantor, at its sole cost and expense, shall at all times, unless <br />otherwise indicated, provide, maintain and keep in force: <br />(1) property insurance covering the Improvements, the Premises and <br />Collateral against loss or damage from such causes of loss as are embraced by insurance policies <br />of the type known as "Special Form/Open Perils/Special Perils" property insurance, including, <br />without limitation, earthquake coverage, boiler coverage, and business interruption coverage, on <br />a replacement cost basis with an Agreed Value Endorsement waiving coinsurance, all in an <br />amount not less than eighty percent (80%) of the then full replacement cost of the Improvements <br />and Personal Property, without deduction for physical depreciation thereof. Such property <br />insurance shall include a Demolition and Increased Cost of Construction Endorsement, if <br />required by Beneficiary, as well as such other insurance as Beneficiary may from time to time <br />designate to cover other risks and hazards affecting the Mortgaged Property; <br />(2) comprehensive general liability insurance insuring against claims for <br />personal injury (including, without limitation, bodily injury or death), property damage liability <br />and such other loss or damage from such causes of loss as are embraced by insurance policies of <br />the type known as "Comprehensive General Liability" insurance, with a combined single limit of <br />$1,000,000 per occurrence. Such insurance coverage shall be issued and maintained on an <br />"occurrence" basis; and except as herein expressly provided otherwise, all policies of insurance <br />required under this Section 2.1(d) shall be issued by companies, and be in form, amount, and <br />content and have an expiration date, approved by Beneficiary and as to the policies of insurance <br />required under subparagraph (1) of this Section 2.1(d), shall contain a Standard Non <br />Contributory Mortgagee Clause or Lender's Loss Payable Endorsement, or equivalents thereof, <br />in form, scope and substance satisfactory to Beneficiary, in favor of Beneficiary, and as to <br />policies of insurance required under subparagraph (1) of this Section 2.1(d), shall provide that <br />the proceeds thereof ("Insurance Proceeds.") shall be payable to Beneficiary. Beneficiary shall <br />be furnished a certificate of each policy required hereunder, which policy shall provide that the <br />issuing company shall endeavor to notify Beneficiary in writing at least thirty (30) days' prior to <br />cancellation or modification of the policy. If requested by Beneficiary, Grantor shall also furnish <br />to Beneficiary a copy of each such policy. At least thirty (30) days prior to expiration of any <br />policy required hereunder, Grantor shall furnish Beneficiary appropriate proof of issuance of a <br />policy continuing in force the insurance covered by the policy so expiring. Grantor shall furnish <br />Bolton Farm - Loan 195618 Page 6 of 31 <br />JM MDAI 1095245 v1 <br />0-0 05/03/2012 <br />