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241047999 <br />character shall be a d�mand obligation (which obligation Mortgagor he�eby expressly promises <br />to pay) owing by Mortgagor to Administrativ� Agent ar Trustee (as the case may be) and shall <br />bear interest from the date expended until paid at the rate set forth in Section 2.12(c) of the <br />Credit Ageement, and the party incumng such expenses shall be subrogated to all rights of the <br />person receiving such payment. <br />(i) Insurance. Mortgagor will caxry insurance as provided in the Credit Agreement. <br />All policies evidencing such inswance shall contain clauses providing that th.e proceeds thereof <br />shall be payable to Administrative Agent as its interest may appear and providing that such <br />palicies may not be canceled or reduced or otherwise affected in any materially adverse way <br />without at least thirty (30) days' prior written notice to Administrative Agent; provided that, <br />notwithstanding any such loss payee or mortgagee designation, so lang as no Default exists, any <br />payments under such insurance shall be made salely to the Mortgagor for application as required <br />and permitted by Section 2.9(b) of th� Credit Agreement. Upon request by Adrninistrative <br />Agent, Mortgagar shall deliver to Administrative Agent the original policies, evidence of <br />payment of premiums, certificates evidencing renewals, and such other information regarding <br />such in.surance as Administrative Agent may reasonably request. In the event of any loss under <br />any insurance po�icies so carried by Martgagor, Administrative Agent shall, after it has <br />determined in its sole judgment that Mortgagor has failed to commence or diligently pursue <br />efforts to collect the same, have the right (but not the abligation) to make proof af loss and <br />collect the same, and all amounts so received shall be applied toward costs, charges and exp�nses <br />(including reasonable attorneys' fees), if any, incurred in the collection thereof, then to the order <br />of Mortgagor for use for repairs and replacement of any loss, unless a Default is then continuing <br />and in which case, then shall be applied to matured secured indebtedness as prescribed by the <br />Credit Agreement, and any excess proceeds shall be paid to the order of Mortgagor far use for <br />repairs and replacement of any loss. In the preceding instances a�ad during the continuance of a <br />Default, Administrative Agent is hereby authorized but not obligated to enforce in its name or in <br />the name of Mortgagor payment of any or all af said policies or settle or compromise any claim <br />in respect thereof, and to collect and make receipts for the proceeds thereof and, in and during <br />such events, Administrative Agent is hereby appointed Mortgagor's agent and attorn�y-in-fact to <br />endorse any check or draft payable to Mortgagor in order to collect the proceeds of insurance. In <br />the event of foreclosure of this Mortgage, or other transfer of title to the Property in <br />extinguishm�nt in whale ar in part of the secured indebtedness, all right, title and interest of <br />Mortgagor in and ta such policies then in force concernin� the Property and all proceeds payable <br />thereunder shall thereupon vest in the purchaser at such foreclosure or other transferee in the <br />event of such other transfer of title. <br />Pursuant ta Mo. Rev. Stat. § 427.12Q, Mortgagor acknowledges receipt of the following <br />notice: "Unless you [Mortgagor] pravide evidence of the insurance coverage required by your <br />agreement with us [Secured Parties], we may purchase insurance at your expense to protect our <br />interests in yaur callateral. This insurance may, but need not, protect your interests. The <br />coverage that we purchase may not pay any claim that you make or any claim that is made <br />against you in connection with the collateral. You rnay later cancel any insurance purchased by <br />us, but only after providing evidence that you have obtained insurance as required by our <br />agreement. If we purchase insurance far the collateral, you will be responsible for th� costs of <br />that insurance, including the insurance premium, interest and any other charges we may impose <br />in connectiorz with the placement of' the insurance, u�ntil the effective date of the cancellation or <br />22 <br />