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200103932
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Last modified
10/14/2011 3:34:36 AM
Creation date
10/20/2005 8:34:59 PM
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DEEDS
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200103932
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200103932 <br />payment. All such policies shall also be in a form approved by Lender. All policies of property <br />damage insurance shall include a non - contributing, non - reporting mortgage clause in favor of, <br />and in a form approved by, Lender. Lender shall have the right to hold the original policies or <br />duplicate original policies of all insurance required by Section 19(a). Borrower shall promptly <br />deliver to Lender a copy of all renewal and other notices received by Borrower with respect to <br />the policies and all receipts for paid premiums. At least 30 days prior to the expiration date of a <br />policy, Borrower shall deliver to Lender the original (or a duplicate original) of a renewal policy <br />in form satisfactory to Lender. <br />(c) Borrower shall maintain at all times commercial general liability insurance, <br />workers' compensation insurance and such other liability, errors and omissions and fidelity <br />insurance coverages as Lender may from time to time require. <br />(d) All insurance policies and renewals of insurance policies required by this <br />Section 19 shall be in such amounts and for such periods as Lender may from time to time <br />require, and shall be issued by insurance companies satisfactory to Lender. <br />(e) Borrower shall comply with all insurance requirements and shall not permit any <br />condition to exist on the Mortgaged Property that would invalidate any part of any insurance <br />coverage that this Instrument requires Borrower to maintain. <br />(f) In the event of loss, Borrower shall give immediate written notice to the insurance <br />carrier and to Lender. Borrower hereby authorizes and appoints Lender as attorney -in -fact for <br />Borrower to make proof of loss, to adjust and compromise any claims under policies of property <br />damage insurance, to appear in and prosecute any action arising from such property damage <br />insurance policies, to collect and receive the proceeds of property damage insurance, and to <br />deduct from such proceeds Lender's expenses incurred in the collection of such proceeds. This <br />power of attorney is coupled with an interest and therefore is irrevocable. However, nothing <br />contained in this Section 19 shall require Lender to incur any expense or take any action. Lender <br />may, at Lender's option, (1) hold the balance of such proceeds to be used to reimburse Borrower <br />for the cost of restoring and repairing the Mortgaged Property to the equivalent of its original <br />condition or to a condition approved by Lender (the "Restoration "), or (2) apply the balance of <br />such proceeds to the payment of the Indebtedness, whether or not then due. To the extent Lender <br />determines to apply insurance proceeds to Restoration, Lender shall do so in accordance with <br />Lender's then - current policies relating to the restoration of casualty damage on similar <br />multifamily properties. <br />(g) Lender shall not exercise its option to apply insurance proceeds to the payment of <br />the Indebtedness if all of the following conditions are met: (1) no Event of Default (or any event <br />which, with the giving of notice or the passage of time, or both, would constitute an Event of <br />Default) has occurred and is continuing; (2) Lender determines, in its discretion, that there will <br />be sufficient funds to complete the Restoration; (3) Lender determines, in its discretion, that the <br />rental income from the Mortgaged Property after completion of the Restoration will be sufficient <br />to meet all operating costs and other expenses, Imposition Deposits, deposits to reserves and loan <br />repayment obligations relating to the Mortgaged Property; (4) Lender determines, in its <br />discretion, that the Restoration will be completed before the earlier of (A) one year before the <br />maturity date of the Note or (B) one year after the date of the loss or casualty; and (5) upon <br />01- 327514.1 <br />FANNIE MAE MULTIFAMILY SECURITY INSTRUMENT - Form 4028 4/98 Page 22 <br />NEBRASKA <br />
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