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200210067
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Last modified
10/15/2011 6:01:47 AM
Creation date
10/22/2005 9:45:40 PM
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DEEDS
Inst Number
200210067
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200210067 <br />charges for any easement or agreement maintained for the benefit of any of the Property, <br />all general and special assessments, levies, permits, inspection and license fees, all water <br />and sewer rents and charges, vault taxes, and all other public charges even if unforeseen <br />or extraordinary, imposed upon or assessed against or which may become a lien on any of <br />the Property, or arising in respect of the occupancy, use or possession thereof, together <br />with any penalties or interest on any of the foregoing (all of the foregoing are collectively <br />referred to as the "Impositions ") after the date such Imposition shall have become due, <br />and to add to the Secured Obligations or any other sums secured by this Deed of Trust the <br />amount so paid, together with interest from the time of payment at the Applicable Rate <br />(as defined in Section 6). Any sums paid by Beneficiary or Trustee in discharge of any <br />Impositions shall be a charge on the Premises secured hereby prior to any right or title to, <br />interest in, or claim upon the Premises subordinate to the lien of this Deed of Trust <br />together with interest at the Applicable Rate. <br />(b) Grantor shall not claim, demand or be entitled to receive any credit <br />or credits toward the satisfaction of this Deed of Trust or on any interest payable thereon <br />for any taxes assessed against the Property or any part thereof. <br />4. Insurance. (a) If Grantor is in default of its obligations hereunder or <br />under the Credit Agreement to insure or deliver evidence of payment of any insurance <br />policy or policies, then the Beneficiary, at its option and without notice, may effect such <br />insurance from year to year, and pay the premium or premiums therefor, and Grantor <br />shall pay to the Beneficiary on five (5) days notice such premium or premiums so paid by <br />the Beneficiary with interest from the time of payment at the Applicable Rate and the <br />same shall be deemed to be secured by this Deed of Trust and shall be collectible in the <br />same manner as the Secured Obligations secured by this Deed of Trust. <br />(b) In the event of foreclosure of this Deed of Trust or other transfer of <br />title to the Property in satisfaction of the Secured Obligations, all right, title and interest <br />of Grantor in and to any insurance policies then in force shall pass to the purchaser or <br />grantee and Grantor hereby appoints Beneficiary its attomey -in -fact, in Grantor's name, <br />to assign and transfer all such policies and proceeds to such purchaser or grantee. <br />5. Casualty /Condemnation/Ernment Domain. (a) To the extent required in <br />Section 2.9(a) of the Credit Agreement, all insurance proceeds on the Property and all <br />causes of action, claims, compensation, awards and recoveries for any damage, <br />condemnation or taking of all or any part of the Property or for any damage or injury to it <br />for loss or diminution in value of the Property are hereby assigned to and shall be paid to <br />the Beneficiary. The provisions of Section 2.9(a) of the Credit Agreement shall govern <br />with respect to the disposition of all payment of insurance on account of loss or damage <br />with respect to the Property and all awards and condemnation and eminent domain <br />proceeds with respect to the Property. Upon the occurrence of a Property Loss Event, <br />Grantor authorizes Beneficiary, at Beneficiary's option and in Beneficiary's sole <br />discretion, as attomey -in -fact for Grantor, to settle for, collect and receive any damages, <br />insurance proceeds, payments or other compensation from the parties or authorities <br />making same and to commence, appear in and prosecute, in Beneficiary's or Grantor's <br />name, any action or proceeding relating to any condemnation of the Property, or any <br />NYl 111 9 81 5 010 9AP92IX 91 D0058990099 10 <br />
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