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201300304
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Last modified
8/19/2014 2:21:48 PM
Creation date
1/14/2013 8:12:42 AM
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DEEDS
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201300304
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20130030, <br />(c) Trustor shall deposit, in an account with a Beneficiary approved <br />depository and subject to Beneficiary's control (the "Deposit Account "), on the first (1St) <br />day of each month (A) an amount equal to one - twelfth (1/12) of the annual real property <br />and similar taxes next to become due upon the Mortgaged Property; and (B) an amount <br />equal to one - twelfth (1/12) of the annual premiums coming due on the insurance required <br />to be maintained hereunder. The amount of such periodic deposits (the "Deposits ") shall <br />be set by Beneficiary on the basis of its reasonable estimate as to the amount and <br />schedule of taxes and premiums for Insurance next to be payable. Notwithstanding the <br />preceding sentence, in the case of the first Deposit, there shall be deposited, in addition to <br />the specified periodic Deposit, an amount which, when added to the aggregate amount of <br />the periodic sums next payable under this Section 1.10, will result in a sufficient reserve <br />to pay the taxes and premiums on the Insurance next becoming due at least one month <br />prior to the date when such taxes or premiums are due and payable. Any interest <br />accruing on the funds in the Deposit Account shall be added to the Deposit Account. The <br />aggregate Deposits shall be accrued until the next date on which an installment of taxes <br />or premium for Insurance is due and shall be applied by Beneficiary, so long as no Event <br />of Default has occurred hereunder and is continuing, to the payment of taxes and <br />premiums for Insurance. Borrower shall furnish to Beneficiary with evidence of the taxes <br />and premiums for Insurance no later than thirty (30) days prior to the last date on which <br />the same are due and payable without penalty or premium of any kind. If the Deposits <br />then in the Deposit Account shall not be sufficient to pay all the taxes and premiums for <br />the Insurance when the same shall become due, then Borrower shall immediately deposit <br />in the Deposit Account an amount equal to the deficiency. If the total of the Deposits <br />exceeds the amount required to pay the taxes and premiums for the Insurance, such <br />excess shall be held and credited against the obligation to make subsequent Deposits. <br />(d) Subject to the provisions of subparagraph (e) of this Section 1.10, Trustor <br />covenants to furnish Beneficiary within thirty (30) days after the date upon which any <br />such Imposition is due and payable to Trustor, official receipts of the appropriate taxing <br />authority, or other proof satisfactory to Beneficiary, evidencing the payment thereof. <br />(e) Subject to the applicable state law provisions, Trustor shall have the right <br />before any delinquency occurs to contest or object to the amount or validity of any <br />Imposition by appropriate legal proceedings, but this shall not be deemed or construed in <br />any way as relieving, modifying or extending Trustor's covenant to pay any such <br />Imposition at the time and in the manner provided in this Section 1.10, unless Trustor has <br />given prior written notice to Beneficiary of Trustor's intent to so contest or object to an <br />Imposition, and unless, at Beneficiary's sole option: (i) Trustor shall demonstrate to <br />Beneficiary's satisfaction that the legal proceedings shall conclusive operate to prevent <br />the sale of the Mortgaged Property, or any part thereof to satisfy such Imposition prior to <br />final determination of such proceedings; (ii) Trustor shall furnish a good and sufficient <br />bond or surety as requested by and satisfactory to Beneficiary; and (iii) Trustor shall have <br />provided a good and sufficient undertaking as may be required or permitted by law to <br />accomplish a stay of such proceedings. <br />(f) Trustor covenants and agrees not to suffer, permit or initiate the joint <br />assessment of the Real Property and Personal Property, or any other procedure whereby <br />the lien of the Real Property taxes and the lien of the Personal Property taxes shall be <br />assessed, levied or charged to the Mortgaged Property as a single lien. <br />(g) If requested by Beneficiary, Trustor shall cause to be furnished to <br />Beneficiary, at Trustor's expense, a tax reporting service covering the Mortgaged <br />property of the type and duration and with a company satisfactory to Beneficiary. <br />Section 1.11 Utilities. Trustor shall pay when due all utility charges which are incurred <br />for the benefit of the Mortgaged Property or which may become a charge or lien against the <br />Mortgaged Property for gas, electricity water or sewer services furnished to the Mortgaged <br />Property and all other assessments or charges of a similar nature, whether public or private, <br />affecting the Mortgaged Property or any portion thereof, whether or not such taxes, assessments <br />or charges are liens thereon. <br />Section 1.12. Actions Affecting Mortgaged Property. Trustor shall appear in and <br />contest any action or proceeding purporting to affect the title of Trustor in the Mortgaged <br />
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