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200806031
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Last modified
12/2/2008 10:17:22 AM
Creation date
7/14/2008 3:15:46 PM
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DEEDS
Inst Number
200806031
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<br />200806031 <br /> <br />1, Pavrnent and Performance of Secured Oblieations. <br /> <br />Grantor shall promptly pay the Secured Obligations when due, and fully and promptly perform all <br />of the provisions, agreements, covenants and obligations of Grantor under the Loan Documents, in each <br />case subject to all applicable grace and cure periods. <br /> <br />2. Imoositions. Liens and Charl!es. <br /> <br />Grantor shall pay all tax liabilities, assessments and governmental charges or levies and lawful <br />claims with respect to the Mortgaged Property to the extent required by Section 6.04 of the Credit <br />Agreement. Grantor shall promptly discharge (by bonding, payment or otherwise) any Lien filed against <br />the Mortgaged Property (other than Permitted Encumbrances). <br /> <br />3. Prooertv and Other Insurance. <br /> <br />(a) Grantor will keep or cause to be kept the Mortgaged Property insured against such <br />risks, and in the manner, required by Section 6.07 of the Credit Agreement. <br /> <br />(b) In the event that Grantor at any time or times shall fail to obtain or maintain any of <br />the policies of insurance required hereby or to pay any premium in whole or part relating thereto, <br />Beneficiary may, without waiving or releasing any obligation or liability of Grantor hereunder or any <br />Default or Event of Default, in its sole discretion, obtain and maintain such policies of insurance and pay <br />such premium and take any other actions with respect to as Beneficiary deems advisable. All sums <br />disbursed by Beneficiary in connection with this Paragraph 3(b ), including reasonable and documented <br />attorneys' fees, court costs, expenses and other charges relating thereto, shall be payable, upon written <br />demand, by Grantor and shall be additional Secured Obligations secured hereby. <br /> <br />(c) Prior to the occurrence of any Event of Default, Grantor shall have the right to make <br />proof of such loss, to adjust and compromise any claim under insurance policies, and to appear in and <br />prosecute any action arising from such insurance policies, provided that no settlement thereof shall be <br />made without the prior consent of Beneficiary. Grantor hereby irrevocably makes, constitutes and <br />appoints Beneficiary (and all officers, employees or agents designated by Beneficiary) as Grantor's true <br />and lawful agent and attorney-in-fact, exercisable after the occurrence and during the continuance of an <br />Event of Default, to make proof of such loss, to adjust and compromise any claim under insurance <br />policies, and to appear in and prosecute any action arising from such insurance policies. Beneficiary is <br />authorized to collect and receive insurance proceeds as provided in the Credit Agreement, and to deduct <br />therefrom Beneficiary's expenses incurred in the collection of such proceeds. Grantor further authorizes <br />Beneficiary, at Beneficiary's option, to the extent required pursuant to Section 2.05(g) of the Credit <br />Agreement, to apply any insurance proceeds received by Beneficiary to the payment of the Secured <br />Obligations in accordance with the terms of Section 2.05(h) or Section 8.03 of the Credit Agreement, as <br />applicable. <br /> <br />4. Transfers. <br /> <br />Except as otherwise provided in the Credit Agreement, Grantor will not, without the prior written <br />consent of Beneficiary in each instance: (a) sell, convey, assign, transfer, option, mortgage, pledge, <br />hypothecate or dispose of the Mortgaged Property, or any part thereof or interest therein; or(b) create or <br />suffer to be created or to exist any Lien upon the Mortgaged Property, or any part thereof or interest <br />therein, other than Permitted Encumbrances. <br /> <br />5. Use of Prooertv. <br /> <br />4 <br />
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