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200003646
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Last modified
10/13/2011 1:01:50 PM
Creation date
10/20/2005 8:21:54 PM
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DEEDS
Inst Number
200003646
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200003646 <br />without the prior written approval of Lender, and (vii) all new Leases shall be subject to the prior written <br />approval of Lender. <br />(g) Borrower shall not receive or accept Rent under any Lease for more than one (1) month <br />in advance. <br />5. PAYMENT OF INDEBTEDNESS; PERFORMANCE UNDER LOAN DOCUMENTS. <br />Borrower shall pay the Indebtedness when due in accordance with the terms of the Note and the other <br />Loan Documents and shall perform, observe and comply with all other provisions of the Note and the <br />other Loan Documents. <br />6. PERSONAL LIABILITY. Borrower shall have personal liability under the Note, this <br />Instrument and all other Loan Documents for the repayment of the Indebtedness and for the performance <br />of any and all other obligations of Borrower under the Note, this Instrument and all other Loan <br />Documents. <br />7. DEPOSITS FOR TAXES, INSURANCE AND OTHER CHARGES. <br />(a) Borrower shall deposit with Lender on the day monthly installments of principal or <br />interest, or both, are due under the Note (or on another day designated in writing by Lender), until the <br />Indebtedness is paid in full, an additional amount sufficient to accumulate with Lender the entire sum <br />required to pay, when due (1) any water and sewer charges which, if not paid, may result in a lien on all <br />or any part of the Mortgaged Property, (2) the premiums for fire and other hazard insurance, rent loss <br />insurance and such other insurance as Lender may require under Section 19, (3) Taxes, and (4) amounts <br />for other charges and expenses which Lender at any time reasonably deems necessary to protect the <br />Mortgaged Property, to prevent the imposition of liens on the Mortgaged Property, or otherwise to protect <br />Lender's interests, all as reasonably estimated from time to time by Lender, plus one -sixth of such <br />estimate. The amounts deposited under the preceding sentence are collectively referred to in this <br />Instrument as the "Imposition Deposits ". The obligations of Borrower for which the Imposition Deposits <br />are required are collectively referred to in this Instrument as "Impositions ". The amount of the <br />Imposition Deposits shall be sufficient to enable Lender to pay each Imposition before the last date upon <br />which such payment may be made without any penalty or interest charge being added. Lender shall <br />maintain records indicating how much of the monthly Imposition Deposits and how much of the aggregate <br />Imposition Deposits held by Lender are held for the purpose of paying Taxes, insurance premiums and <br />each other obligation of Borrower for which Imposition Deposits are required. Any waiver by Lender of <br />the requirement that Borrower remit Imposition Deposits to Lender may be revoked by Lender, in <br />Lender's discretion, at any time upon notice to Borrower. <br />(b) Imposition Deposits shall be held in an institution (which may be Lender, if Lender is such <br />an institution) whose deposits or accounts are insured or guaranteed by a federal agency. Lender shall <br />not be obligated to open additional accounts or deposit Imposition Deposits in additional institutions when <br />the amount of the Imposition Deposits exceeds the maximum amount of the federal deposit insurance or <br />guaranty. Lender shall apply the Imposition Deposits to pay Impositions so long as no Event of Default <br />has occurred and is continuing. Unless applicable law requires, Lender shall not be required to pay <br />Borrower any interest, earnings or profits on the Imposition Deposits. Borrower hereby pledges and <br />grants to Lender a security interest in the Imposition Deposits as additional security for all of Borrower's <br />obligations under this Instrument and the other Loan Documents. Any amounts deposited with Lender <br />under this Section 7 shall not be trust funds, nor shall they operate to reduce the Indebtedness, unless <br />applied by Lender for that purpose under Section 7(e). <br />(c) If Lender receives a bill or invoice for an Imposition, Lender shall pay the Imposition from <br />the Imposition Deposits held by Lender. Lender shall have no obligation to pay any Imposition to the <br />extent it exceeds Imposition Deposits then held by Lender. Lender may pay an Imposition according to <br />any bill, statement or estimate from the appropriate public office or insurance company without inquiring <br />into the accuracy of the bill, statement or estimate or into the validity of the Imposition. <br />RoboDocs.com PAGE 9 <br />Secl ns. N E.Si nefr02. RDSTD <br />
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