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200110903
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Last modified
10/14/2011 11:36:56 AM
Creation date
10/20/2005 10:49:56 PM
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DEEDS
Inst Number
200110903
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200110903 <br />site and the type of the building, and the construction, location, utilities and occupancy or any <br />replacements or substitutions therefor. <br />(b) Policy Requirements. All liability insurance policies required pursuant to <br />this Section 3.05 shall name Beneficiary as an additional insured thereunder, and all other <br />insurance policies required pursuant to this Section 3.05, to the extent reasonably possible, or <br />otherwise maintained by Grantor shall name Beneficiary as the beneficiary under New York long <br />form non - contributory endorsements. All such insurance policies and endorsements shall be <br />fully paid or paid pursuant to an installment program offered to Grantor by the insurer or its <br />broker /agent, provided that the installments are paid on or before the due date thereof so that all <br />required insurance coverage is maintained without interruption. All insurance policies required <br />to be maintained by Grantor shall contain such provisions and expiration dates, and be in such <br />form and issued by such insurance companies qualified and licensed to do business in the <br />jurisdiction in which the Trust Property is located, as may be reasonably acceptable to <br />Beneficiary. All insurance companies issuing insurance for the Trust Property on behalf of <br />Grantor shall have a Best Insurance Guide Rating of A/XI or better. Any coverage required to be <br />maintained pursuant to this Section may be maintained under a blanket insurance policy provided <br />such policy otherwise satisfies the requirements of this Section. Each policy required to be <br />maintained by Grantor shall provide that such policy may not be cancelled or materially changed <br />except upon not less than thirty (30) days' prior written notice to Beneficiary of the intention of <br />non - renewal, cancellation or material change and that no act or thing done by Grantor shall <br />invalidate the policy as against Beneficiary. In the event Grantor fails to maintain insurance in <br />compliance with this Section 3.05 or, in the event that a notice of non - renewal, cancellation or <br />material change is given to Beneficiary, as aforesaid, and within ten (10) days after the delivery <br />of such notice Grantor shall fail to deliver to Beneficiary evidence of the purchase of a substitute <br />policy of insurance or a renewal of the existing policy of insurance, Beneficiary may, after ten <br />(10) days' notice to Grantor (or, if the policy in question shall sooner expire or be terminated, on <br />or after the day before the date of such expiration or termination) but shall not be obligated to, <br />obtain such insurance and pay the premium therefor and Grantor shall, on demand, reimburse <br />Beneficiary for all sums, advances and reasonable expenses incurred in connection therewith, <br />together with interest thereon at the rate of interest applicable under the Credit Agreement upon <br />the occurrence of a Default (the "Default Rate ") from the date such amounts are advanced until <br />the same are paid to Beneficiary. <br />(c) No Separate Insurance. Grantor shall not carry separate or additional <br />insurance concurrent in form or contributing, in the event of loss, with that required hereunder <br />unless endorsed in favor of Beneficiary as loss payee or additional insured, as applicable, and <br />otherwise acceptable to Beneficiary in all respects. <br />(d) Transfer of Title. In the event of foreclosure of this Deed of Trust or other <br />transfer of title or assignment of the Premises in extinguishment, in whole or in part, of the <br />Secured Obligations, all right, title and interest of Grantor in and to all policies of insurance <br />required under this Section or otherwise then in force with respect to the Premises and all <br />proceeds payable thereunder and unearned premiums thereon shall immediately vest in the <br />purchaser or other transferee of the Premises. <br />NYDOCS03/596673.1 8 HALL COUNTY, NEBRASKA <br />
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