200808234 - Laserfiche WebLink

Browse

SEP/26/2008/FRI 03: 10 PM HARDING & SCHULTZ FAX No. 402 434 3030 P. 005 200808234 SECTION 2.13. Casualtv~ Condemnation. The Mortgaged Property is free of material dll.IJU\ge and wa.ste lmd, to Trustor's knowledge, there is no proceeding pending or threatened for the total or partial condemna.tiol1 thereof. SECTION 2.14. Zoning and Other Laws. The Premises and the use thereof. separate and apart from any other properti es, constitute a legal and conforming use in compliance with tbe zoning regulations for which the Premises is located. The Premises complies with all applicable subdivision laws, ordinances and regulations, such that failure to oomply would not have a Material Adverse Effect All inspections, licenses and certificates required, whether by law. ordinance, regulation Or' insurance standards, to be made or issued with respect to the Premises have been made by or issued by appropriate authorities, such that a failure to obtain such inspections, licenses Or certificates would Dot have a. Material Adverse Effect. SECTION 2.15. llie of Loan Proceeds. Trustor shall use the proceeds of the Loan only for the puq>oses set fortb in the Credit Agreement. ARTICLE ill INSURANCE, CASUALTY AND CONDEMNATION SECTION 3.01. Insurance. rrustorshall comply with all ofthetennsandprovisions and shall maintain, Dr cause to be maintained, with respect to the Premises the insurance required by the Credit Agreement. SECTION 3.02. Casualtya.nd Condemnation. Trustor's right to collect or use any insurance proceeds or awards resulting from any casualty loss or condemnation shall be subject to, and applied in accordance with, the terms and provisions of the Credit Agreement. Trustor hereby authorizes and directs any affected insurance company and any affected govenunental body ,responsible for such condemnation to make payment of the insurance proceeds or awards directly to Beneficiary. Trustor hereby irrevocably assigns to Beneficiary all insurance proceeds and awards to which Trustor may become entitled by reason of its interests in the Premises if a loss occurs. ARTICLE IV EXPENSES AND INDEMNIFICATION SECTION 4.0J. Expenses_ Upon 'Written demand, Trustor (a) shall reimburse Beneficiary for all out-<>f-pocket expenses, including reasonable attorneys' fees and expenses, paid or incurred by Beneficiary in connection with (i) the perfection, protection, exercise or enforcement of any right or remedy under or with respect to this Deed of Trust or any other Loan Document, and (ii) the ex.ecution, delivery, administration or perfonnance of this Deed of Trust or any other Loan Document and any consent or waiver thereunder and any amendment thereof, or (b) if an Event of DefalJlt occursl shall reimburse Beneficiary for all out-of-pocket expenses, including reasonable attorneys' fees and expenses, (i) paid or incurred by Beneficiary in connection with (A) such Event of Default and collection. bankruptcy, insolvency and e.oforceme:nt proceedings resulting therefrom or (13) the exercise Or enforcement of any right or remedy under or with respect to this Deed of Trust or any other Loan Document or eii) otherwise paid or incurred with respect to this Deed of Trust or any other Loan Document, together. in each case, with interest thereon at the Default Rate from the ~1l~