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f►�Ijf DTiZ11 %3 <br />Section 3.4 Replacement of Fixtures and Personalty. Except as otherwise permit- <br />ted by the Credit Agreement, Grantor shall not, without the prior written consent of Beneficiary, which <br />consent shall not be reasonably withheld, conditioned or delayed, permit the Fixtures or Personalty mate- <br />rial to the business, owned or leased by Grantor to be removed at any time from the Land or Improve- <br />ments_ unless the removed item is removed temporarily for maintenance and repair or is permitted to be <br />removed by the Credit Agreement or is replaced, or relocated to any facility owned or leased by an Affili- <br />ate of Grantor.. <br />Section 3.5 Inspection. Subject to any applicable limitations set forth in Section <br />6.10 of the Credit Agreement, Grantor shall permit Beneficiary and the other Secured Parties and their <br />respective agents, representatives and employees, upon reasonable prior notice to Grantor, to inspect the <br />Mortgaged Property and all books and records of Grantor located thereon, and, following the occurrence <br />and during the continuance of an Event of Default, to conduct such environmental and engineering studies <br />as Beneficiary or the other Secured Parties may require, provided that such inspections and studies shall <br />not materially interfere with the use and operation of the Mortgaged Property, <br />Section 3.6 Other Covenants. All of the covenants in the Credit Agreement are in- <br />corporated herein by reference and, together with covenants in this Article 3, shall be covenants running <br />with the Land. <br />Section 3.7 Insurance; Flood Compliance; Condemnation Awards and Insur- <br />ance Proceeds. <br />(a) insurance; Flood Compliance. Grantor shall maintain or cause to be maintained, <br />the insurance policies required under Section 6.07 of the Credit Agreement Grantor represents and war - <br />rants that prior to the execution and delivery of this Deed of Trust, Beneficiary has obtained and provided <br />Grantor with a completed "Life -of - Loan" Federal Emergency Management Agency standard flood hazard <br />determination (together with notices about special flood hazard area status and flood disaster assistance <br />relating thereto, which notice has, if requested by Beneficiary, been duly executed by the Borrower and <br />Grantor, with respect to each portion of the Mortgaged Property ) Without limiting the generality of the <br />first sentence of this Section 3 7 (a), if any portion of the Mortgaged Property is located in an area identi- <br />fied by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard <br />area with respect to which flood insurance has been made available under the National Flood Insurance <br />Act of 1968 (or any amendment or successor act thereto), then Grantor shall (i) maintain, or cause to be <br />maintained, with a financially sound and reputable insurer, flood insurance in an amount suf'f'icient to <br />comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and <br />(ii) deliver to Beneficiary evidence of such compliance in form and substance reasonably acceptable to <br />the Beneficiary. <br />(b) Condemnation Awards Upon the occurrence and during the continuance of an <br />Event of Default, Grantor assigns all Condemnation Awards to Beneficiary and authorizes Beneficiary to <br />collect and receive such Condemnation Awards and to give proper receipts and acquittances therefor, sub- <br />ject to the terms of the Credit Agreement. <br />(c) Insurance Proceeds. Upon the occurrence and during the continuance of an <br />Event of Default, Grantor assigns to Beneficiary all proceeds of any insurance policies insuring against <br />loss or damage to the Mortgaged Property Subject to the terms of Sections 2.0.5(b)(ii)(A) and <br />2 0.5(b)(ii)(B) of the Credit Agreement, Grantor authorizes Beneficiary to collect and receive such pro- <br />ceeds and authorizes and directs the issuer of each of such insurance policies to make payment for all <br />such losses directly to Beneficiary, instead of to Grantor and Beneficiary jointly. <br />-5- <br />