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200305038
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Last modified
10/15/2011 9:14:41 PM
Creation date
10/21/2005 5:10:37 PM
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DEEDS
Inst Number
200305038
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200305038 <br />(d) The Grantor shall not maintain additional or separate insurance <br />concurrent in form or contributing in the event of loss with the insurance required <br />under this Section, unless (i) the policies providing such additional or separate <br />insurance are submitted to the Beneficiary for its approval; (ii) the insurers under <br />such policies and the terms thereof are approved by the Beneficiary, which <br />approval shall not be unreasonably withheld; and (iii) the Beneficiary and the <br />other Secured Parties are included in such policies as loss payees or additional <br />insureds. <br />(e) If the Grantor fails to maintain the Insurance Policies required to be <br />maintained under this Section, the Beneficiary shall have the right to obtain such <br />Insurance Policies and pay the premiums therefor. If the Beneficiary obtains such <br />Insurance Policies or pays the premiums therefor, upon demand, the Grantor shall <br />reimburse the Beneficiary for its expenses in connection therewith, together with <br />interest thereon, pursuant to Section 4.03. <br />Section 3.02. Casualty And Condemnation. (a) In the event of any <br />Casualty or Condemnation (a "Loss "), (i) if the Insurance Proceeds or Awards <br />(the "Proceeds ") with respect to such Loss amount to $250,000 or more or, in the <br />case of a Condemnation, such Loss has or could reasonably be anticipated to have <br />a Material Adverse Effect or, if an Event of Default has occurred and is <br />continuing, the Grantor (A) shall promptly give notice of such Loss to the <br />Beneficiary describing in detail reasonably satisfactory to the Beneficiary the <br />nature and extent of the such Loss and (B) shall have no right to settle, and shall <br />not settle, any claim or proceeding relating to such Loss or Proceeds without the <br />consent of the Beneficiary; (ii) if an Event of Default has occurred and is <br />continuing, the Proceeds with respect to such Loss shall be paid to the Beneficiary <br />to be applied and disbursed as provided in clause (b) of this Section; (iii) if the <br />Proceeds with respect to such Loss amount to less than $250,000 and, in the case <br />of a Condemnation, such Loss cannot reasonably be anticipated to have a Material <br />Adverse Effect or if no Event of Default has occurred and is continuing, (A) the <br />Grantor shall not have to obtain the consent of the Beneficiary to settle any claim <br />for such Proceeds and (B) such Proceeds shall be paid to the Grantor who shall <br />use the same to pay the cost of Restoration of the Property and such Restoration <br />shall be performed in accordance with the following: In the event of any Loss, the <br />Grantor shall promptly commence and diligently pursue to completion the <br />Restoration of such Property, subject to Unavoidable Delays, whether or not the <br />Insurance Proceeds with respect to such Loss available to the Grantor to pay the <br />cost of Restoration are sufficient; (iv) if the Proceeds with respect to such Loss <br />amount to $250,000 or more or, in the case of a Condemnation, such Loss has or <br />could reasonably be anticipated to have a Material Adverse Effect or if no Event <br />of Default has occurred and is continuing such Proceeds shall be paid to the <br />Beneficiary to be applied and disbursed as provided in clause (c) of this Section, <br />provided that the Grantor shall not be required to pay any amounts described in <br />clause (i) of the definition of "Insurance Proceeds" to the Beneficiary until and <br />unless required to do so pursuant to clause (c) of this Section; and (v) if Insurance <br />23 <br />(NY) 04675/ 120 /REAUNEBRASKA/form.dot.NE.doc <br />
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