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<br />200806505 <br /> <br />canceled, reduced or otherwise affected without at least thirty (30) days' prior written notice to <br />Administrative Agent. Upon request by Administrative Agent, Mortgagor shall deliver to Administrative <br />Agent the original policies, evidence of payment of premiums, certificates evidencing renewals, and such <br />other information regarding such insurance as Administrative Agent may request. In the event of any loss <br />under any insurance policies so carried by Mortgagor, Administrative Agent shall, after it has determined <br />in its sole judgment that Mortgagor has failed to commence or diligently pursue efforts to collect the <br />same, have the right (but not the obligation) to make proof of loss and collect the same, and all amounts <br />so received shall be applied toward costs, charges and expenses (including reasonable attorneys' fees), if <br />any, incurred in the collection thereof, then to the order of Mortgagor for use for repairs and replacement <br />of any loss, unless a default is then continuing and in wruch case, then shall be applied to matured secured <br />indebtedness as prescribed by the Credit Agreement, and any excess proceeds shall be paid to the order of <br />Mortgagor for use for repairs and replacement of any loss. In the preceding instances and during the <br />continuance of a default, Administrative Agent is hereby authorized but not obligated to enforce in its <br />name or in the name of Mortgagor payment of any or all of said policies or settle or compromise any <br />claim in respect thereof, and to collect and make receipts for the proceeds thereof and, in and during such <br />events, Administrative Agent is hereby appointed Mortgagor's agent and attorney-in-fact to endorse any <br />check or draft payable to Mortgagor in order to collect the proceeds of insurance. In the event of <br />foreclosure of this Mortgage, or other transfer of title to the Property in extinguishment in whole or in part <br />of the secured indebtedness, all right, title and interest of Mortgagor in and to such policies then in force <br />concerning the Property and all proceeds payable thereunder shall thereupon vest in the purchaser at such <br />foreclosure or other transferee in the event of such other transfer of title. <br /> <br />Pursuant to Mo.Rev.Stat. ~ 427.120, Mortgagor acknowledges receipt of the following notice: <br />"Unless you [Mortgagor] provide evidence of the insurance coverage required by your agreement with us <br />[Lender], we may purchase insurance at your expense to protect our interests in your collateral. This <br />insurance may, but need not, protect your interests. The coverage that we purchase may not pay any <br />claim that you make or any claim that is made against you in connection with the collateral. You may <br />later cancel any insurance purchased by us, but only after providing evidence that you have obtained <br />insurance as required by our agreement. If we purchase insurance for the collateral, you will be <br />responsible for the costs of that insurance, including the insurance premium, interest and any other <br />charges we may impose in connection with the placement of the insurance, until the effective date of the <br />cancellation or expiration of the insurance. The costs of the insurance may be added to your total <br />outstanding balance or obligation. The costs of the insurance may be more than the cost of insurance you <br />may be able to obtain on your own." <br /> <br />U) Further Assurances. Mortgagor will, on request of Administrative Agent, (i) promptly <br />correct any defect, error or omission which may be discovered in the contents oftrus Mortgage, or in any <br />other Loan Document, or in the execution or acknowledgment of this Mortgage or any other Loan <br />Document; (ii) execute, acknowledge, deliver and record and/or file such further instruments (including, <br />without limitation, further deeds of trust, mortgages, security agreements, financing statements, <br />continuation statements, and assignments of accounts, funds, contract rights, general intangibles, and <br />proceeds) and do such further acts as may be necessary, desirable or proper to carry out more effectively <br />the purposes oftrus Mortgage and the other Loan Documents and to more fully identify and subject to the <br />Liens, privileges, and security interests hereof any property intended to be covered hereby, including <br />specifically, but without limitation, any renewals, additions, substitutions, replacements, or appurtenances <br />to the Property; and (iii) execute, acknowledge, deliver, and file and/or record any document or <br />instrument (including specifically any financing statement) desired by Administrative Agent to protect the <br />Lien, privilege, or the security interest hereunder against the rights or interests of third persons. <br />Mortgagor shall pay all costs connected with any of the foregOing. <br /> <br />505901000016 DALLAS 2307301.3 <br /> <br />12 <br /> <br />[MULTI STATE MORTGAGE] <br />