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2oioooi5~ Borrower shall, during the existence of an Event of Default (unless the Lessee under the Lease is paying such sums directly to the taxing authority or insurer, as applicable), or during any period that the Lease is not in effect, at the option of Lender or its designee, pay to Lender on the first day of each calendar month one-twelfth of the amount reasonably estimated. by Lender to be sufficient to enable Lender to pay, at least thirty (30) days before they became due, the Taxes and Other Charges and the Insurance Premiums (the "Escrow Fund"). The Escrow Fund, if any, and the payments of interest or principal or both, payable pursuant to the Note, shall be added together and shall be paid as an aggregate sum by Borrower to Lender. Borrower hereby pledges to Lender any and all monies now or hereafter deposited in the Escrow Fund as additional security for the payment of the Debt. Lender will apply the Escrow Fund to the timely payments of Taxes and Insurance Premiums required to be made by Borrower pursuant to paragraphs 3 and 4 hereof. If the amount of the Escrow Fund shall exceed the amounts due for Taxes and Other Charges and Insurance Premiums pursuant to paragraphs 3 and 4 hereof, Lender shall return any excess to Borrower or credit such excess against future payments to be made to the Escrow Fund. In allocating such excess, Lender may deal with the person shown on the records of Lender to be the owner of the Mortgaged Property. If the Escrow Fund is not sufficient to pay the Taxes and Other Charges and Insurance Premiums when due, Borrower shall promptly pay to Lender, upon demand, an amount which Lender shall estimate as sufficient to make up the deficiency. Upon the occurrence of an Event of Default, Lender may apply any sums then present in the Escrow Fund to the payment of the following items in any order in its sole discretion: (i) Interest on the unpaid principal balance of the Note; (ii) Amortization of the unpaid principal balance of the Note; or (iii) All other sums payable pursuant to the Note (including the Make Whole Premium), this Security Instrument and the other Loan Documents (including taxes and insurance premiums), including, without limitation, advances made by Lender pursuant to the terms of this Security Instrument. Until expended or applied as above provided, any amounts in the Escrow Fund shall constitute additional security for the Debt. The Escrow Fund shall not constitute a trust fund and may be commingled with other monies held by Lender. No earnings or interest on the Escrow Fund shall be payable or credited to Borrower. Upon payment in full of the Debt, any amount remaining in the Escrow Fund shall be paid and disbursed to Borrower. 6. Condemnation. (a) Borrower shall, upon obtaining knowledge thereof, promptly give or shall cause Lessee to promptly give Lender written notice of the actual or threatened commencement of any condemnation ar eminent domain proceeding and shall deliver to Lender copies of any and all papers served in connection with such proceedings. Notwithstanding any taking by any public or quasi-public authority through eminent domain or otherwise (including but not limited to any transfer -13- 15445229.4.BUSIN)ss