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201203748
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Last modified
7/9/2017 8:09:16 PM
Creation date
5/10/2012 3:19:51 PM
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DEEDS
Inst Number
201203748
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201203748 <br />(e) Reserve for Insurance, Taxes and Assessments. Upon request of Beneficiary, <br />and after a default hereunder which is continuing past any applicable cure period, to secure <br />certain of Grantor's obligations in paragraphs (c) and (d) above, but not in lieu of such <br />obligations, Grantor will deposit with Beneficiary a sum equal to ad valorem taxes, assessments <br />and charges (which charges for the purpose of this paragraph shall include without limitation any <br />recurring charge which could result in a lien against the Mortgaged Property) against the <br />Mortgaged Property for the current year and the premiums for such policies of insurance for the <br />current year, all as estimated by Beneficiary and prorated to the end of the calendar month <br />following the month during which Beneficiary's request is made, and thereafter will deposit with <br />Beneficiary, on each date when an installment of principal and/or interest is due on the <br />obligations, or any of them, sufficient funds (as estimated from time to time by Beneficiary) to <br />permit Beneficiary to pay at least fifteen (15) days prior to the due date thereof, the next <br />maturing ad valorem taxes, assessments and charges and premiums for such policies of <br />insurance. Beneficiary shall have the right to rely upon tax information furnished by applicable <br />taxing authorities in the payment of such taxes or assessments and shall have no obligation to <br />make any protest of any such taxes or assessments. Any excess over the amounts required for <br />such purposes shall be held by Beneficiary for future use, applied to any obligations or refunded <br />to Grantor, at Beneficiary's option, and any deficiency in such funds so deposited shall be made <br />up by Grantor upon demand of Beneficiary. Any such funds, so deposited shall bear no interest <br />and may be mingled with the general funds of Beneficiary and shall be applied by Beneficiary <br />toward the payment of such taxes, assessments, charges and premiums when statements therefor <br />are presented to Beneficiary by Grantor (which statements shall be presented by Grantor to <br />Beneficiary a reasonable time before the applicable amount is due); provided, however, that, if a <br />default shall have occurred hereunder, such funds may at Beneficiary's option be applied to the <br />payment of the obligations in the order determined by Beneficiary in its sole discretion, and that <br />Beneficiary may (but shall have no obligation) at any time, in its discretion, apply all or any part <br />of such funds toward the payment of any such taxes, assessments, charges or premiums which <br />are past due, together with any penalties or late charges with respect thereto. The conveyance or <br />transfer of Grantor's interest in the Mortgaged Property for any reason (including without <br />limitation the foreclosure of a subordinate lien or security interest or a transfer by operation of <br />law) shall constitute an assignment or transfer of Grantor's interest in and rights to such funds <br />held by Beneficiary under this Section 2.1 (e), but subject to the rights of Beneficiary hereunder. <br />As security for the Obligations, Grantor hereby grants Beneficiary a continuing security <br />interest in all funds now or hereafter deposited pursuant to the provisions of this Section. <br />(f) Eminent Domain and Condemnation. Grantor shall notify Beneficiary <br />immediately of any threatened or pending proceeding for eminent domain or condemnation <br />affecting the Mortgaged Property or arising out of damage to the Mortgaged Property, and <br />Grantor shall, at Grantor's expense, diligently prosecute any such proceedings. Beneficiary shall <br />have the right (but not the obligation) to participate in any such proceeding and to be represented <br />by counsel of its own choice. Beneficiary shall be entitled to receive all sums which may be <br />awarded or become payable to Grantor for the condenmation of the Mortgaged Property, or any <br />part thereof, for public or quasi -public use, or by virtue of private sale in lieu thereof, and any <br />sums which may be awarded or become payable to Grantor for injury or damage to the <br />Mortgaged Property. Grantor shall, promptly upon request of Beneficiary, execute such <br />Bolton Farm - Loan 195618 Page 8 of 31 <br />JM MDAI 1095245 v <br />0-0 05/03/2012 <br />
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