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201000751
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Last modified
2/3/2010 3:02:47 PM
Creation date
2/3/2010 2:59:05 PM
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DEEDS
Inst Number
201000751
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2oiooo751 <br />such installments and shall be responsible for the payment of such installments with interest, if <br />any, <br />(b) Nothing herein shall affect any right or remedy of Agent under this Deed <br />of Trust or otherwise, without notice or demand to Mortgagor, to pay any installment of any <br />Imposition after the date such installment of any Imposition shall h,~ve become due, and add to <br />the Lender Obligations the amount so paid, together with interest from the time of payment at the <br />interest rate as set forth in the Credit Agreements. Any sums paid by Agent in discharge of any <br />Impositions shall be (i) a lien on the Mortgaged Property secured hereby prior to any right ox title <br />to, interest in, or claim upon the Mortgaged Property subordinate to the lien of this Deed of <br />Trust, and (ii) payable within five (5) Business Days of demand by Mortgagor to Agent together <br />with interest at the interest rate as set forth in the Credit Agreements. <br />(c) As of the date hereof, Mortgagor represents and warrants that Mortgagor <br />(i) has filed a]1 federal, state, commonwealth, county, municipal and city income and other <br />material tax returns required to have been filed by it and has paid all taxes and other impositions <br />which have become due or pursuant to any assessments or charges received by it, (ii) does not <br />know of any basis for any additional assessment or charge in respect of any such taxes or other <br />Impositions, and (iii) has paid in full all sums awing or claimed for labor, material, supplies, <br />personal property (whether or not forming an Improvement hereunder) and services of every <br />kind and character used, furnished or installed in ax on the Mortgaged Property that are now due <br />and owing and no claim for same exists ar will be pernnitted to be created, except such claims as <br />may arise in the ordinary course of business and that are not yet past due. <br />5. Insurance. <br />(a) Mortgagor shall maintain insurance covering the Real Estate as required <br />by the Credit Agreements. <br />(b) if any portion of the Premises is located in an area identified as a special <br />flood hazard area by the Federal Emergency Management Agency or other applicable agency, <br />Mortgagor shall maintain or cause to be maintained, flood insurance in an amount reasonably <br />satisfactory to Agent, but in na event less than the maximum limit of coverage available under <br />the National Flood Insurance Act of 1968, as amended. <br />(c) Mortgagor shall promptly comply with and conform in all material <br />respects to (i) all provisions of each such insurance policy, and (ii) all requirements of the <br />insurers applicable to Mortgagor or to any of the Mortgaged Property or to the use, manzaer of <br />use, occupancy, possession, operation, maintenance, alteration or repaix of any of the Mortgaged <br />Property. Mortgagox shall not use or permit the use of the Mortgaged Property in any manner, <br />which would permit any insurer to cancel any insurance policy or void coverage required to be <br />maintained by Mortgagor under this Deed of Trust. <br />(d) If Mortgagor is in default of its Lender Obligations to insure or deliver to <br />Agent any such prepaid policy or policies, then Agent, at its option upon five (5) Business Days' <br />written days notice to Mortgagor (unless, in Agent's judgment, in its sole discretion, Agent's <br />security would be compromised by giving such notice), may effect such insurance from year to <br />LIED/] 90738b.1 6 <br />
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