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85004553
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85004553
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Last modified
10/18/2011 1:01:12 AM
Creation date
4/1/2008 5:00:30 PM
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DEEDS
Inst Number
85004553
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85- 004553 <br />destroyed as a result of a casualty as to which insurance is <br />not required under the terms of this Mortgage, the Borrower <br />shall, at its option, promptly after such damage, loss or <br />destruction, either expend for repairs, restoration or <br />replacement of the property damaged, lost or destroyed such <br />sum as may be required therefor or pay such sum to the <br />Trustee for deposit to the credit of the Bond Fund. <br />Nothing in this Mortgage shall be construed (i) as <br />obligating the Issuer in any way or to any extent to repair, <br />restore or replace the Project, or any part thereof, except <br />from funds made available as provided in Sections 5, 6 and 7 <br />hereof, or (ii) as relieving any contractor or other third <br />party from any obligation or duty it may have respecting the <br />repair, restoration or replacement of any part of the Pro- <br />ject. <br />In the event the Borrower shall at any time neglect or <br />refuse to procure or maintain insurance as herein required, <br />either the Trustee or the Issuer may at its option procure <br />and maintain such insurance and the Borrower shall be obli- <br />gated to reimburse the Issuer or the Trustee within 30 days, <br />as the case may be, for all amounts expended in connection <br />therewith. <br />No acceptance or approval of any insurance policy by <br />the Issuer or the Trustee shall relieve or release the <br />Borrower from any liability, duty or obligation under the <br />provisions of this Mortgage. <br />No claim shall be made and no suit or action at law or <br />in equity shall be brought by the Issuer or by anyone claim- <br />ing by, through or under the Issuer against the Borrower for <br />any damage to the Project, however caused, to the extent the <br />same is covered by insurance as in Section 5 required, <br />provided nothing in this section shall diminish the Bor- <br />rower's obligation to repair or rebuild as provided in <br />Section 7. <br />The Borrower shall furnish to the Issuer a mortgagee <br />title insurance policy or binder issued by a title insurance <br />company acceptable to the Trustee, with loss payable to the <br />Trustee in the amount of Six Hundred Fifty Thousand Dollars <br />($650,000). Such title insurance policy may except Permit- <br />ted Encumbrances from its coverage. The Issuer and the <br />Borrower agree that any proceeds from such policy: <br />(a) if received before completion of the Project <br />shall be paid into and become a part of the Project <br />Fundj <br />(b) if received thereafter but before the Bonds <br />and interest have been fully paid, shall be paid into <br />and become a part of the Bond Fund; and <br />-B- <br />
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