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Financial- Stoel Rives LLP
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Last modified
9/19/2012 3:42:32 PM
Creation date
9/8/2011 4:52:50 PM
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Building
RecordID
10235
Title
Financial- Stoel Rives LLP
Company
Marion County
BLDG Date
2/16/1998
Building
Courthouse Square
BLDG Document Type
Finance
Project ID
CS9801 Courthouse Square Construction
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4. PROPERTY DAMAGE INSURANCE <br />4.1 Maintenance of Insurance. Mortgagor shall procure and maintain insurance <br />coverage with respect to the Mortgagar's interest in the Property as required under the Agreement. <br />4.4 Application of Proceeds. Proceeds of any insurance shall be paid by the <br />Mortgagor to the Mortgagee to the extent needed to prepay any Certificates pursuant to the <br />Agreement in the event the Property is damaged or destroyed and the Mortgagor elects not to repair <br />and restore the Property. <br />4.2 Association of Unit Owners. Pursuant to the submission of the Property to <br />condominium ownership, the insurance required pursuant to this Section 4 may be carried by the <br />association of unit owners on Mortgagor's behalf, and the proceeds of such insurance may be paid <br />to the association of unit owners for the purpose of repairing or reconstructing the Property. If not <br />so used by the association, such proceeds shall be paid to the Mortgagor to the extent needed to <br />prepay any Certificates in accordance with the terms of the Agreement. <br />5. WARRANTIES OF MORTGAGOR <br />5.1 Title. Mortgagar warrants that it holds an undivided percent <br />interest in the Property as a tenant in common, free of all encumbrances other than those set forth <br />in the attached Exhibit B(the "Permitted Encumbrances"). <br />5.2 Defense of Title. Subject to the exceptions in the paragraph above, Mortgagor <br />warrants and will forever defend its undivided interest in the Property against the lawful claims of <br />all persons. In the event any action or proceeding is commenced that questions Mortgagor's <br />undivided interest in the Property or the interest of Mortgagee under this Mortgage, Mortgagor shall <br />defend the action at its expense. <br />6. CONDEMNATION <br />6.1 A~plication of Net Proceeds. The Net Proceeds (as defined in the <br />Agreement) resulting from any condemnation of the Property or any portion thereof shall be paid <br />by the Mortgagor to the Mortgagee to the extent needed to prepay any Certificates pursuant to the <br />Agreement as a result of such condemnation. <br />6.2 Proceedin~s. If any proceedings in condemnation are filed, Mortgagor shall <br />promptly take such steps as may be necessary to defend the action and obtain the award. <br />7. TRANSFER BY MORTGAGOR <br />MORTGAGE PAGE 4 <br />
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