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200609881
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Last modified
3/4/2012 11:23:45 AM
Creation date
11/3/2006 3:25:47 PM
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DEEDS
Inst Number
200609881
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1. Payment and Performance of Secured Obligations. <br />Grantor shall promptly pay the Secured Obligations when due, and fully and <br />promptly perform all of the provisions, agreements, covenants and obligations of the <br />Grantor, subject to all applicable grace and cure periods. <br />2. Impositions,_ Liens_ and Charges. <br />Grantor shall pay all the yearly water and sewer bills, real estate taxes, ad <br />valorem taxes, personal property taxes, assessments, betterments, common area <br />maintenance charges, all governmental charges of every name and restriction which may <br />be levied on the Property as well as the yearly premium installments for the insurance <br />covering the Property as required pursuant to Paragraph 2 and Paragraph 3 hereof <br />(hereinafter collectively referred to as the "Impositions ") and other charges, if any, <br />attributable to the Property, subject to the Grantor's right to contest, provided such <br />contest complies with terms of Section 8.04 of the Loan Agreement. Grantor shall <br />furnish to Beneficiary all bills and notices of amounts due under this Paragraph 2 as soon <br />as received, and, Grantor shall furnish to the Beneficiary evidence of such payments at <br />least five (5) days prior to the dates on which such payments are delinquent for taxes. <br />Grantor shall promptly discharge (by bonding, payment or otherwise) any Lien filed <br />against the Property (other than Permitted Liens). <br />3. Property and Other Insurance. (a) The Grantor shall (i) maintain or shall <br />cause to be maintained insurance on the Property with financially sound and <br />reputable insurers reasonably acceptable to the Beneficiary and in at least such <br />amounts and against at least such risks as is customary with companies in the <br />same or similar businesses operating in the same or similar locations, including <br />public liability insurance against claims for personal injury or death occurring <br />upon, in or about or in connection with the use of any properties owned, occupied <br />or controlled by it; (ii) maintain such other insurance as may be required by law; <br />and (iii) furnish to the Beneficiary, upon written request, full information as to the <br />insurance carried. <br />(b) Fire and extended coverage policies maintained with <br />respect to any Property shall be endorsed or otherwise amended to include (i) a <br />non - contributing mortgagee clause (regarding the Improvements), in form and <br />substance reasonably satisfactory to the Beneficiary, which endorsements or <br />amendments shall provide that the insurer shall pay all proceeds otherwise <br />payable to the Grantor under the policies directly to the Beneficiary, (ii) except as <br />and to the extent provided in the Loan Agreement, a provision to the effect that <br />none of the Grantor, Credit Parties nor any other Person shall be a co- insurer, and <br />(iii) such other provisions as the Beneficiary may reasonably require from time to <br />time to protect the interests of the Credit Parties. Commercial general liability <br />policies shall be endorsed to name the Beneficiary as an additional insured. <br />Business interruption policies shall name the Beneficiary as loss payee and shall <br />be endorsed or amended to include (i) a provision that, from and after the Closing <br />Date, the insurer shall pay all proceeds otherwise payable to the Grantor under the <br />5 <br />MA <br />
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