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201007634
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Last modified
10/18/2010 2:27:26 PM
Creation date
10/18/2010 2:27:25 PM
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DEEDS
Inst Number
201007634
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201007E3� <br />laws, set or modify rents; in its own name sue ar otherwise collect the rents, incame, issues and <br />profits thereof, in.cluding those past due and unpaid; and apply the same, less casts and expenses <br />of nperation and collection, including reasnnable attorneys' fees, upon any Obligations secursd <br />hereby and in such order as the Authvrity may determine; and except for such application, the <br />Authority shall not be liable ta a:ny person for the collection or nnn-collecCion of any rents, <br />income, issues or profits, for the failure ta asscrt or enforce any of the foregoing rights, nor shal] <br />the Authority be charged with any of the duties or obligatians of a mortgagee in possession, The <br />entexing upon and taking possession of the Property, the collection of such rents, incame, issues <br />or pro�ts, the doing of ather acts herein autharized, and the application thereaf, shall not cure or <br />waive any Event af Default or notice of default h�reunder or invalidate any act done pursuant to <br />such natice. <br />S. Upon an Event of Default hereunder the Authority shall also be entitled to the <br />appointmenl of a receiver by any court having jurisdiction, withaut nolice, to take possession and <br />protect the Premises described herein and operate same and collect ihe Rents therefrom. <br />6. In the event of any casualty loss or damage ta the Premises, or in the event of any <br />candemnation of the Premises which requires restoration or replacement of thc portion of the <br />Premises so taken, the insurance proceeds or the Condemnatian Awards will be paid tn the <br />Authority. If ihe Subaward is not in monetary or nonmanetary Event af Default, and there are <br />sufficient funds tn repaix or rebuild the lmprovements fram the insurance procecds or the <br />Condemnation Award, the funds will be released by the Authority far the repairing or rebuilding <br />of the Px�mises. In the event the fuands are insufficient ta pay far the repairing ar rebuilding of <br />the Premises, the Authority will pay down the Subaward unless the Grantor provides sufficient <br />funds tagether with the insurancs proceeds or Condemnation Award to pay for lhe repairing or <br />rebuilding of the Premises. <br />7. The Grantor will keep the Improvements naw existing or hereafter erected on the <br />Prernises insured against loss by fire and such other hazards, casualties, and contingencies, as <br />may be stipulated by the Authority and other hazards as may be required from time to time by <br />the Authority, and all such insurance shall be evidenced by standard Fire and Extended Coverage <br />Insurance Policy or Policies, in amounts not less than necessary ta cnrnply with the applicable <br />Coinsurance Clause percentage, but in no event shall the amounts of coverage be less than ane <br />hundred percent (100%) of the Replacement Values or not less than the unpaid balance of the <br />Obligations secured by this Recapture Deed of Trust, whichever is the lesser, and in default <br />thereof ths Authority shall have the right to effeet insurance. Such policies shall be endorsed <br />with standard Mortgagee clause with lass payable to thc Authority, and shall be deposited with <br />the Authority. If the Premises cavered hereby, or any part thcreof, shall be damaged by �re ox <br />other hazard against which insurance is held as hereinabove provided, the amounts paid by any <br />insurance company in pursuance of the cantract of insurance to the extent of the Subaward then <br />remaining unpaid, shall be paid to the Authority, and, at its optian, may bc applied to tlie debt or <br />released far the repairing or rebuilding nf the Premises. In the event the insurance �raceeds axc <br />insufficient to pay for the xepair or rebuilding of the Premises, the Authority will pay dot�vn the <br />Subaward unless the Grantor provides sufficient funds tagether with the insurance proceeds lo <br />pay for the repair or rebuilding of the Premises. <br />� <br />Hecapture Deed of Trust and Security Agreement <br />4&39-8956-0838.2 <br />
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