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88104344
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88104344
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Last modified
3/9/2007 5:41:35 PM
Creation date
3/9/2007 4:39:18 AM
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DEEDS
Inst Number
88104344
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<br />88- 104344 <br /> <br />total or partial suspension of business operations of Mortgagor <br />or its tenants and/or the loss of rents from the Mortgaged <br />property as a result of casualty for a period of not less than <br />six (6) months; and such other coverages as Mortgagee may <br />require, all in such forms and coverages as Mortgagee may <br />require. <br /> <br />(c) All insurance shall be carried in companies approved by <br />the Mortgagee, which approval will not be unreasollably withheld, <br />and the policies and renewals thereof shall (i) be constantly <br />assigned and pledged to the Mortgagee as additional security for <br />the indebtedness secured by this mortgage and (ii) have attached <br />thereto loss payable clauses in favor of and in form acceptable <br />to the Mortgagee; (iii) provide that such insurance cannot be <br />cancelled or modified in any material manner which is or may be <br />detrimental to Mortgagee's interest, without 30 days prior <br />written notice to the Mortgagee; (iv) provide that the insurer <br />waives all claims for insurance premiums against the Mortgagee; <br />and (v) provide that all losses shall be payable notwithstanding <br />(a) any negligence by Mortgagor or Mortgagee, (b) any foreclosure <br />or proceedings in lieu of foreclosure or other proceedings or <br />notice of sale relating to the Mortgaged property, (c) any waiver <br />of subrogation rights by the Mortgagor or (d) any change in <br />ownership or title to the Mortgaged property. In default <br />thereof, the Mortgagee may but in no way shall be obligated to <br />effect such insurance and the amount paid therefor by Mortgagee <br />shall become immediately due and payable by Mortgagor with <br />interest at the default rate provided in the Note and shall be <br />secured by this Mortgage. <br /> <br />(d) Mortgagor shall cause certified copies of the original <br />policies of all such insurance to be deposited with the Mortgagee <br />or otherwise held as directed by Mortgagee. Thirty (30) days <br />prior to the date on which the premiums on each such policy shall <br />become due and payable, the Mortgagee shall be furnished by <br />Mortgagor with proof reasonably satisfactory to Mortgagee of <br />payment thereof or Mortgagor may pay such premium monthly, in <br />advance, and furnish to Mortgagee proof of such payment as may <br />from time to time be required by Mortgagee. <br /> <br />(e) In event of loss Mortgagor will give immediate notice <br />by mail to the Mortgagee, who may make proof of loss if not made <br />promptly by Mortgagor. Mortgagor hereby authorizes and directs <br />each insurance company concerned to make payment for any such <br />loss to Mortgagor and Mortgagee jointly. Mortgagee specifically <br />reserves the right to approve any settlement by Mortgagor of any <br />claim under such insurance policies, which approval shall not be <br />unreasonably withheld, and Mortgagor hereby authorizes Mortgagee, <br />in the event Mortgagor does not enter into an approved settlement <br />within one hundred twenty (120) days of the date of such loss, to <br />settle and compromise all claims on such policies. The insurance <br />proceeds', or any part thereof, net after payment of Mortgagee's <br />expenses in obtaining such proceeds, shall be applied to the <br /> <br />-4- <br /> <br />LJ <br />
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