201007174 - Laserfiche WebLink

Browse

zoloo~~~~ 2.6 Fees and Ex eases. The Grantor will promptly pay upon demand any and all reasonable and documented out-of-pocket costs and expenses of the Agent and the Trustee actually incurred, (a) as required under the Credit Agreement and (b) as necessary to protect the Premises, the Rents and Profits or the Intangible Personalty or to exercise any rights or remedies under this Security Instrument or with respect to the Premises, Rents and Profits or the Intangible Personalty. All ofthe foregoing costs and expenses shall be Secured Obligations. 2.7 Leases and Other A;e~•eements. The Grantor shall faithfully keep and perform, or cause to be kept and performed, in all material respects, all of the covenants, conditions, and agreements contained in each of the Leases and other agreements or contracts affecting all or any portion of the Premises, now or hereafter existing, an the part of the Grantor to be kept and performed (including performance of all covenants to be performed under any and all Leases of the Premises or any part thereof) and shall at all times use commercially reasonable efforts to enforce, in all material respects, with respect to each other party thereto, all obligations, covenants and agreements by such other party to be performed thereunder. 2.8 Maintenance of Premises. The Grantor will abstain from and will not permit the commission of waste in or about the Premises and will maintain, or cause to be maintained (subject to reconstruction periods after the occurrence of an act of God), the Premises in good condition and repair, reasonable wear and tear excepted. 2.9 Insurance• Casualt . The Grantor shall maintain such insurance coverage and policies for the Premises required in the Financing Documents and, if any part of the Improvements is located in an area having "special flood hazards" as defined in the Federal Flood Disaster Protection Act of 1973, the Grantor shall maintain a flood insurance policy naming the Agent as mortgagee in such amount, covering such risks and liabilities and with such deductibles or self-insurance retentions as are in accordance with normal industry practice. The Grantor assigns to the Agent alI proceeds to which the Grantor may be entitled under such insurance policies and such proceeds shall be applied to the Secured Obligations or disbursed in accordance with the terms of the Intercreditor Agreement. 2.10 Eminent Domain. The Grantor assigns to the Agent any proceeds or awards which may become due by reason of any condemnation or other taking .for public use of the whole or any part of the Premises or any rights appurtenant thereto to which the Grantor is entitled and such proceeds or awards shall be applied to the Secured Obligations or disbursed in accordance with the terms of the Intercreditor Agreement. The Grantor agrees to execute such further assignments and agreements as may be reasonably required by the Agent to assure the effectiveness of this Section. In the event any Governmental Authority shall require or commence any proceedings for the demolition of any buildings or structures comprising a part of the Premises, or shall commence any proceedings to conde><nr>, or otherwise take pursuant to the power of eminent domain a material portion of the Premises, the Grantor shall promptly notify the Agent of such requirement or commencement of proceedings (for demolition, condemnation or other taking). There is no proceeding pending for the total or partial condemnation of the Premises. CWARI\1182503v1 7