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Agenda Package - 10-1-12 Reg. Meeting
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Agenda Package - 10-1-12 Reg. Meeting
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J4 <br />practicable, cover loss or damage by explosion, windstorm, riot, aircraft, <br />vehicle damage, smoke and such other hazards as are normally covered by <br />such insurance. Such insurance policies shall name the Seller as loss <br />payee and additional insured.._ ..................................... .............................10 <br />[SECTION 5.4. Title Insurance The Purchaser shall obtain at the time of execution of' this <br />Agreement, and cause to be maintained, a mortgagee's title insurance <br />policy on the Mortgaged Property insuring the Purchaser's fee simple <br />interest in the Mortgaged Property, subject only to Permitted <br />Encumbrances, in an amount equal to the aggregate Installment Payments <br />designated as principal, naming the Seller as the named insured.] ............ 10 <br />SECTION 5.5. General Insurance Provisions (a) The Purchaser shall pay or cause to be paid <br />when due the premiums for all insurance policies required by this <br />Agreement..................................................................... .............................10 <br />ARTICLE VI 12 <br />USEOF NET PROCEEDS ................................................................................... .............................12 <br />SECTION 6.1. Obligation of the Purchaser to Repair and Replace the Mortgaged Property <br />Unless applied to the payment in full or in part of the remaining <br />Installment Payments pursuant to Section 6.2, the Purchaser shall cause <br />Net Proceeds to be applied to the prompt repair, restoration or replacement <br />of the Mortgaged Property Any repair, restoration, modification, <br />improvement or replacement paid for in whole or in part out of such Net <br />Proceeds shall be the property of' the Purchaser, subject to the Deed of <br />Trust and Permitted Encumbrances, and shall be included as part of the <br />Mortgaged Property under this Agreement ................... .............................12 <br />SECTION 6.3. Cooperation of the Seller The Seller shall cooperate fully with the Purchaser in <br />filing any proof of loss with respect to any insurance policy covering the <br />events specified in Article V. In no event shall the Seller or the Purchaser <br />voluntarily settle, or consent to the settlement of, any proceeding arising <br />out of any insurance claim with respect to the Mortgaged Property without <br />the written consent of the otherr ..................................... .............................12 <br />ARTICLE VII 13 <br />SECTION 7.1. Installation of Additional Improvements The Purchaser may at any time and <br />from time to time, in the sole discretion of the Purchaser, and at its own <br />expense, construct real property improvements and install items of <br />equipment or other personal property in or upon any portion of the <br />Mortgaged Property that does not materially impair the effective use, nor <br />materially decrease the value, of the Mortgaged Property; provided, <br />however, that the Purchaser shall repair and restore any and all damage <br />resulting from the construction, installation, modification or removal of <br />any such items. All such items provided by the Purchaser shall be subject <br />to the lien of the Deed of Trust ..................................... .............................13 <br />SECTION 7.2. Access to the Mort<ca <led Propert y . The Purchaser agrees that the Seller and its <br />agents, shall have the right, at all reasonable times during normal business <br />howl of the Purchaser upon the furnishing of reasonable notice to the <br />in <br />
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