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11-13-2024 Council Packet
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11-13-2024 Council Packet
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<br />Mortgage, Assignment of Rents, <br />Security Agreement and Fixture Filing <br />Page 15 <br /> <br />2.1 Insurance. Borrower shall obtain, pay for and keep in full force and effect during the term <br />of this Security Instrument at its sole cost and expense the policies of insurance required by the <br />Financing Documents. <br />2.2 Escrows. If an Event of a Default occurs, and upon written request by Governmental <br />Lender, Borrower shall (i) deposit with the Governmental Lender an amount determined by <br />Governmental Lender to cover the amount of taxes and assessments levied against the Premises <br />by any taxing authority (and any penalties, interest or late fees) that are due, delinquent or soon to <br />be due and payable, and pay on the tenth day of each month thereafter an amount determined by <br />Governmental Lender to collect sufficient funds to pay the costs of future installments of taxes and <br />assessments levied against the Premises, and (ii) deposit with the Governmental Lender on the <br />tenth day of each and every month thereafter a deposit to pay the insurance premiums next due on <br />any insurance policies required hereunder (collectively, the “Charges”): <br />(a) Initially a sum such that the amounts to be deposited pursuant to (b) next and such <br />initial sum shall equal the estimated Charges for the next due payment; and <br />(b) Thereafter an amount equal to one-twelfth (1/12th) of the estimated annual Charges <br />due on the Premises. <br />Governmental Lender will, upon the presentation to the Governmental Lender by Borrower of the <br />bills therefor, pay the Charges from such deposits or will upon presentation of receipted bills <br />therefor, reimburse the Borrower for such payments made by Borrower. In the event the deposits <br />on hand shall not be sufficient to pay all of the estimated Charges when the same shall become <br />due from time to time, or the prior deposits shall be less than the currently estimated monthly <br />amounts, then Borrower shall pay to the Governmental Lender within ten (10) days after demand <br />any amount necessary to make up the deficiency. The excess of any such deposits shall be credited <br />to subsequent payments to be made for such items. Governmental Lender may, at its option, <br />without being required so to do, apply any deposits on hand, including but not limited to the <br />deposits made pursuant to this Section and any other deposits made pursuant to the terms of the <br />Financing Documents, to the Indebtedness, in such order and manner as the Governmental Lender <br />may elect. When the Indebtedness has been fully paid any remaining deposits shall be returned to <br />Borrower as its interest may appear. All deposits made pursuant to this Section and any other <br />deposits made pursuant to the terms of the Financing Documents, are hereby pledged as additional <br />security for the Indebtedness, shall be held for the purposes for which made as herein provided, <br />may be held by Governmental Lender or its servicing agent and may be commingled with other <br />funds of the Governmental Lender, or its servicing agent, shall be held without any allowance of <br />interest thereon and shall not be subject to the decision or control of Borrower. Neither <br />Governmental Lender nor its servicing agent shall be liable for any act or omission made or taken <br />in good faith. In making any payments, Governmental Lender or its servicing agent may rely on <br />any statement, bill or estimate procured from or issued by the payee without inquiry into the <br />validity or accuracy of the same. If the taxes shown in the tax statement shall be levied on property <br />more extensive than the Premises, then the amounts escrowed shall be based on the entire tax bill <br />and Borrower shall have no right to require an apportionment and Governmental Lender or its <br />servicing agent may pay the entire tax bill notwithstanding that such taxes pertain in part to other
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