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200507874
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Last modified
10/17/2011 11:05:21 AM
Creation date
10/28/2005 11:51:36 AM
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DEEDS
Inst Number
200507874
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2005078'74 <br />and, if such updated Appraisal, new appraisal, insurance valuation, or other evidence acceptable to Lender <br />reflects an increase in the insurable value of the Property, the amount of insurance required hereunder shall <br />be increased accordingly and Borrower shall deliver evidence satisfactory to Lender that such policy has <br />been so increased. <br />(ii) Commercial comprehensive general liability insurance against claims for personal and <br />bodily injury and/or death to one or more persons or property damage, occurring on, in or about the <br />Property (including the adjoining streets, sidewalks and passageways therein) in such amounts as Lender <br />may from time to time reasonably require (but in no event shall Lender's requirements be increased more <br />frequently than once during each twelve (12) month period) and which are customarily required by <br />Institutional Lenders for similar properties similarly situated, but not less than $1,000,000 per occurrence <br />and $2,000,000 general aggregate on a per location basis and, in addition thereto, not less than $75,000,000 <br />excess and/or umbrella liability insurance shall be maintained for any and all claims. <br />(iii) Business interruption, rent loss or other similar insurance (A) with loss payable to <br />Lender, (B) covering all risks required to be covered by the insurance provided for in Section 3.01(a)(i) <br />hereof and (C) in an amount not less than 100% of the projected fixed or base rent plus percentage rent for <br />the succeeding twelve (12) month period based on an occupancy rate of 100 %. The amount of such <br />insurance shall be determined upon the execution of this Security Instrument, and not more frequently than <br />once each calendar year thereafter based on Borrower's reasonable estimate of projected fixed or base rent <br />plus percentage rent, from the Property for the next succeeding twelve (12) months. In the event the <br />Property shall be damaged or destroyed, Borrower shall and hereby does assign to Lender all payment of <br />claims under the policies of such insurance, and all amounts payable thereunder, and all net amounts, shall <br />be collected by Lender under such policies and shall be applied in accordance with this Security <br />Instrument; provided, however, that nothing herein contained shall be deemed to relieve Borrower of its <br />obligations to timely pay all amounts due under the Loan Documents. <br />(iv) War risk insurance when such insurance is obtainable from the United States of America <br />or any agency or instrumentality thereof at reasonable rates (for the maximum amount of insurance <br />obtainable) and if requested by Lender, and such insurance is then customarily required by Institutional <br />Lenders of similar properties similarly situated. <br />(v) Insurance against loss or damages from (A) leakage of sprinkler systems and (B) <br />explosion of steam boilers, air conditioning equipment, pressure vessels or similar apparatus now or <br />hereafter installed at the Property, in such amounts as Lender may from time to time reasonably require and <br />which are then customarily required by Institutional Lenders of similar properties similarly situated. <br />(vi) Flood insurance in an amount equal to the full insurable value of the Property or the <br />maximum amount available, whichever is less, if the Improvements are located in an area designated by the <br />Secretary of Housing and Urban Development as being "an area of special flood hazard" under the <br />National Flood Insurance Program i.e., having a one percent or greater chance of flooding), and if flood <br />insurance is available under the National Flood Insurance Act. <br />(vii) Worker's compensation insurance or other similar insurance which may be required by <br />Governmental Authorities or Legal Requirements. <br />(viii) Intentionally omitted. <br />(ix) Insurance against damage resulting from acts of terrorism, or an insurance policy without <br />an exclusion for damages resulting from terrorism, on terms consistent with the commercial property <br />insurance policy required under subsections (i) (ii) and (iii) above. <br />(x) Such other insurance as may from time to time be required by Lender and which is then <br />customarily required by Institutional Lenders for similar properties similarly situated, against other <br />f� <br />
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