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201400400
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Last modified
8/19/2014 2:25:24 PM
Creation date
1/23/2014 3:16:30 PM
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DEEDS
Inst Number
201400400
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(f) <br />(g) <br />2014 <br />400 <br />require a shorter time period), and (vi) shall be reasonably satisfactory in form and <br />substance to Lender and shall be reasonably approved by Lender as to amounts, form, <br />risk coverage, deductibles, loss payees and insureds. Not later than ten (10) days prior <br />to the expiration date of each of the Policies, Borrower shall deliver to Lender <br />satisfactory evidence of the renewal of each Policy. <br />(d) Notwithstanding any provision herein to the contrary, Borrower shall be deemed to be <br />in compliance with all insurance requirements hereunder if Lessee is in compliance <br />with the provisions of the Lease regarding insurance requirements (including the self - <br />insurance provisions of the Lease). <br />(e) If the Mortgaged Property shall be damaged or destroyed, in whole or in part, by fire or <br />other casualty, Borrower shall give, or cause to be given, prompt notice thereof to <br />Lender. Except as otherwise provided in the Lease, Borrower shall not settle or adjust <br />or permit the settlement or adjustment of any insurance claim without Lender's prior <br />written consent. All insurance proceeds required to be applied to restoration and repair <br />of the Mortgaged Property under the Lease shall be held and disbursed in accordance <br />with the provisions of the Lease for such restoration and repair subject to compliance <br />with the following conditions: (i) no Disqualifying Default (as defined in the Lease) or <br />Lease Default (as defined in paragraph 21(p) hereof), then exists (ii) Borrower or <br />Lessee, as the case may be, proceeds promptly after the insurance claims are settled <br />with the restoration or repair; and (iii) the restoration or repair is performed in <br />compliance with the Lease and all applicable laws, rules and regulations. The Net <br />Award (hereinafter defined) shall be paid to Lessee, subject to the terms of the Lease; <br />provided that if a Disqualifying Default or Lease Default then exists, the Net Award <br />will be paid to Lender and shall be applied by Lender toward payment of the Debt and <br />such application shall not be subject to Prepayment Consideration or other prepayment <br />consideration. <br />Borrower acknowledges Lender's right to obtain (either itself or by its agents, servicers, <br />nominees or attorneys) at the expense of Borrower any insurance required hereunder <br />should Borrower fail to (or fail to cause Lessee to) do so as required hereunder. <br />Notwithstanding anything to the contrary contained in this paragraph 3, if a <br />Termination Casualty (as defined in the Lease) shall affect the Mortgaged Property as <br />provided in Part II, Section 13(d) of the Lease, and Lessee properly and timely delivers <br />a Casualty Termination Notice (as defined in the Lease) to Borrower and Lender, and <br />makes payment of the Casualty Termination Payment (as defined in the Lease) as <br />required by Part II, Section 13(d) of the Lease, then the Casualty Termination Payment <br />shall be used to prepay the Debt in full (but without Prepayment Consideration or other <br />prepayment consideration), in immediately available funds in accordance with the <br />terms of the Note. <br />(h) The term "Net Award" as used in this Security Instrument shall mean all insurance <br />proceeds and condemnation awards, as applicable, net of any reasonable expenses of <br />Lender, Borrower and Lessee in collecting such amounts, which are not required to be <br />disbursed for repair and restoration of the Mortgaged Property pursuant to the <br />provisions of the Lease, other than any portion payable to Lessee under Sections 9(a), <br />13(c), 13(e)(ix), 14(a), 14(c), 14(d) and 14(e) of Part II of the Lease. <br />
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