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99109393
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Last modified
3/13/2012 7:27:52 PM
Creation date
10/21/2005 12:49:29 AM
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DEEDS
Inst Number
99109393
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99 1093 � � <br /> Borrower is not in default : (i) first, in payment of the repair <br /> or restoration of the Property, if Borrower can demonstrate that <br /> the insurance proceeds together with any funds that the Borrower <br /> may contribute are sufficient to repair and restore the Property <br /> to its condition immediately prior to its casualty; (ii) second, <br /> to any indebtedness secured hereby and in such order as Lender <br /> may determine; (iii) third, for any other purpose or object <br /> satisfactory to Lender without affecting the lien of this Trust <br /> Deed for the full amount secured hereby before such payment ever <br /> took place. If a default has been declared, Lender has the <br /> option to apply said payment as it sees fit . Any application of <br /> proceeds to indebtedness shall not extend or postpone the due <br /> date of any payment under the Note, or cure any default <br /> thereunder or hereunder. <br /> B. Lender shall be provided with evidence that Borrower has <br /> obtained comprehensive general public liability insurance for an <br /> amount not less than $1, 000, 000 . 00 per occurrence, with an <br /> aggregate coverage of $2, 000, 000 . 00 . <br /> C. Borrower shall carry rent loss or business interruption <br /> insurance in such form and amounts and with such companies as are <br /> satisfactory to Beneficiary. Borrower shall also carry insurance <br /> against flood if required by the Federal Flood Disaster <br /> Protection Act of 1973 and regulations issued thereunder. All <br /> hazard, flood and rent loss or business interruption insurance <br /> policies shall provide that all proceeds shall be payable to <br /> Beneficiary under a standard noncontributory mortgagee clause in <br /> favor of and in form acceptable to Beneficiary, that the policies <br /> may not be canceled, modified, or not renewed except upon the <br /> giving of at least thirty (30) days ' prior written notice to <br /> Beneficiary, and shall also provide that any losses shall be <br /> payable notwithstanding (i) any act, failure to act or negligence <br /> contained in such policy by any named insured, (ii) the <br /> occupation or use of the Property for purposes more hazardous <br /> than permitted by the terms thereof, (iii) any foreclosure or <br /> other action or proceeding taken by Beneficiary or foreclosure <br /> pursuant to any provision of this Trust Deed, or (iv) any change <br /> in title or ownership of the Property and the policies shall <br /> otherwise be in such form and substance as shall be acceptable to <br /> Beneficiary. <br /> D. All of the above mentioned insurance policies or binder <br /> of such insurance satisfactory to Beneficiary, together with <br /> receipts for the payment of premiums thereon, shall be delivered <br /> to and held by Beneficiary, which delivery shall constitute <br /> assignment to Beneficiary of all return premiums to be held as <br /> additional security hereunder. All insurance policies shall name <br /> Lender as mortgagee. At no time shall the insured value be less <br /> than the total of all loans on the property up to the full <br /> replacement value of the property. All renewal and replacement <br /> policies shall have been delivered to Beneficiary at least thirty <br /> (30) days before the expiration of the expiring policies . <br /> Beneficiary shall not by the fact of approving, disapproving, <br /> accepting, preventing, obtaining or failing to obtain any <br /> insurance, incur any liability for or with respect to the amount <br /> of insurance carried, the form of legal sufficiency of insurance <br /> contracts, solvency of insurance companies, or payment or defense <br /> of lawsuits, and Borrower hereby expressly assumes full <br /> responsibility therefor and all liability, if any, with respect <br /> thereto. <br /> E. Said policies will provide that Lender will receive <br /> thirty (30) days notice from insurance company before <br /> cancellation. <br /> 5 . Escrow for Taxes. Premiums. Assessments . The <br /> undersigned agrees, upon request of the holder hereof, to pay in <br /> the manner set forth in the Trust Deed given to secure the Note, <br /> monthly advance payments estimated by the holder thereof to be <br /> sufficient to anticipate the payment of taxes, assessments, and <br /> insurance premiums as determined to be necessary by the holder of <br /> 3 � <br />
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