Laserfiche WebLink
2oioooi4~ <br />Borrower shall, during the existence of an Event of Default (unless the Lessee under the <br />Lease is paying such sums directly to the taxing authority or insurer, as applicable), or during <br />any period that the Lease is not in effect, at the option of Lender or its designee, pay to <br />Lender on the first day of each calendar month one-twelfth of the amount reasonably <br />estimated by Lender to be sufficient to enable Lender to pay, at least thirty (30) days before <br />they become due, the Taxes and Other Charges and the Insurance Premiums (the "Escrow <br />Fund"). The Escrow Fund, if any, and the payments of interest. ar principal or both, payable <br />pursuant to the Note, shall be added together and shall be paid as an aggregate sum by <br />Borrower to Lender. Borrower hereby pledges to Lender any and all monies now or <br />hereafter deposited in the Escrow Fund as additional security far the payment of the Debt. <br />Lender will apply the Escrow Fund to the timely payments of Taxes and Insurance Premiums <br />required to be made by Borrower pursuant to paragraphs 3 and 4 hereof. If the amount of the <br />Escrow Fund shall exceed the amounts due for Taxes and Other Charges and Insurance <br />Premiums pursuant to paragraphs 3 and 4 hereof, Lender shall return any excess to Borrower <br />or credit such excess against future payments to be made to the Escrow Fund. In allocating <br />such excess, Lender may deal with the person shown on the records of Lender to be the <br />owner of the Mortgaged Property. If the Escrow Fund is not sufficient to pay the Taxes and <br />Other Charges and Insurance Premiums when due, Borrower shall promptly pay to Lender, <br />upon demand, an amount which Lender shall estimate as sufficient to make up the <br />deficiency. Upon the occurrence of an Event of Default, Lender may apply any sums then <br />present in the Escrow Fund to the payment of the following items in any order in its sole <br />discretion: <br />(i) (Interest on the unpaid principal balance of the Note; <br />(ii) .Amortization of the unpaid principal balance of the Note; or <br />(iii) All other sums payable pursuant to the Note (including the Make Whole <br />Premium), this Security Instrument and the other Loan Documents <br />(including taxes and insurance premiums), including, without limitation, <br />advances made by Lender pursuant to the terms of this Security <br />Instrument. <br />Until expended or applied as above provided, any amounts in the Escrow Fund shall <br />constitute additional security for the Debt. The Escrow Fund shall not constitute a trust fund <br />and may be commingled with other monies held by Lender. No earnings or interest on the <br />Escrow Fund shall be payable or credited to Borrower. Upon payment in full of the Debt, <br />any amount remaining in the Escrow Fund shall be paid and disbursed to Borrower. <br />6. Condemnation. <br />(a) Borrower shall, upon obtaining knowledge thereof, promptly give or shall cause <br />Lessee to promptly give Lender written notice of the actual ar threatened <br />commencement of any condemnation or eminent domain proceeding and shall <br />deliver to Lender copies of any and all papers served in connection with such <br />proceedings. Notwithstanding any taking by any public or quasi-public authority <br />through eminent domain or otherwise (including but not limited to any transfer <br />made in lieu of or in anticipation of the exercise of such taking), Borrower shall <br />continue to pay the Debt at the time and in the manner provided for its payment in <br />-13- <br />