Damage or Destruction of the Premises. The Mortgagor will give the Mortgagee prompt notice of any damage to or destruction of the Premises, and in case of loss covered by policies of insurance, the Mortgagee (whether before or after foreclosure sale) is hereby authorized at its option to settle and adjust any claim arising out of such policies and collect and receipt for the proceeds payable therefrom, provided, that the Mortgagor may itself adjust and collect for any losses arising out of a single occurrence aggregating not in excess of Twenty-Five Thousand Dollars ($25,000). Any expense incurred by the Mortgagee in the adjustment and collection of insurance proceeds (including the cost of any independent appraisal of the loss or damage on behalf of the Mortgagee) shall be reimbursed to the Mortgagee first out of any proceeds. Except as provided in Section 5.3 hereof, the proceeds or any part thereof shall be applied to reduction of the Indebtedness Secured Hereby then most remotely to be paid, whether due or not, without the application of any prepayment premium, or to the restoration or repair of the Premises, the choice of application to be solely at the discretion of the Mortgagee.
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Samples: Mortgage and Security Agreement and Fixture Financing Statement (First Team Sports Inc)
Damage or Destruction of the Premises. The Mortgagor will shall give the Mortgagee prompt notice of any damage to or destruction of the Premises, Premises and in case of loss covered by policies of insurance, the Mortgagee (whether before or after foreclosure sale) is hereby authorized at its option to settle and adjust any claim arising out of such policies and collect and receipt for receive the proceeds payable therefrom, provided, that the Mortgagor may itself adjust and collect for any losses arising out of a single occurrence aggregating not in excess of Twenty-Five Thousand Dollars ($25,000)50,000.00. Any expense incurred by the Mortgagee in the adjustment and collection of insurance proceeds (including the cost of any independent appraisal of the loss or damage on behalf of the Mortgagee) shall be reimbursed to the Mortgagee first out of any proceeds. Except as provided in Section 5.3 hereof, the The proceeds or any part thereof shall be applied to reduction of the Indebtedness Secured Hereby then most remotely to be paid, whether due or not, without the application of any prepayment premium, or to the restoration or repair of the Premises, the choice of application to be solely at the discretion of the Mortgagee.
Appears in 1 contract
Samples: Mortgage and Security Agreement and Fixture Financing Statement (Wsi Industries Inc)
Damage or Destruction of the Premises. The Mortgagor will shall give the Mortgagee prompt notice of any damage to or destruction of the Premises, and in . In case of a loss covered by policies of insurance, the Mortgagee (whether before or after foreclosure sale) is hereby authorized at its option to settle and adjust any claim arising out of such policies and collect and receipt for the proceeds payable therefrom. Except as provided in the preceding sentence, provided, that the Mortgagor may itself adjust and collect for any losses arising out of any such damage or destruction; provided, however, if any losses arising out of a single occurrence aggregating not in excess of Twenty-Five aggregate more than One Hundred Thousand and No/100ths Dollars ($25,000100,000.00), Mortgagor shall obtain Mortgagee’s prior written consent to any settlement. Any expense incurred by the Mortgagee in the adjustment and collection of insurance proceeds (including including, without limitation, the cost of any independent appraisal of the loss or damage on behalf of the Mortgagee) shall be reimbursed to the Mortgagee first out of any proceeds. Except as provided in Section 5.3 hereof4.4, the proceeds or any part thereof from any damage or destruction shall be applied to reduction of the Indebtedness Secured Hereby then most remotely to be paid, whether due or not, without the application of any prepayment premium, or to the restoration or repair of the Premises, the choice of application to be solely at the discretion of the Mortgagee.
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Samples: Security Agreement (Netreit, Inc.)
Damage or Destruction of the Premises. The Mortgagor will shall give the Mortgagee prompt notice of any damage to or destruction of the Premises, Premises and in case of loss covered by policies of insurance, insurance the Mortgagee (whether before or after foreclosure sale) is hereby authorized at its option to settle and adjust any claim arising out of such policies and collect and receipt for the proceeds payable therefrom, provided, that the Mortgagor may itself adjust and collect for any losses arising out of a single occurrence aggregating not in excess of Twenty-Five Thousand Dollars ($25,000)50,000.00. Any expense incurred by the Mortgagee in the adjustment and collection of insurance proceeds (including the cost of any independent appraisal of the loss or damage on behalf of the Mortgagee) shall be reimbursed to the Mortgagee first out of any proceeds. Except as provided in Subject to the provisions of Section 5.3 hereof4.4 below, the proceeds or any part thereof shall be applied to reduction of the Indebtedness Secured Hereby then most remotely to be paid, whether due or not, without the application of any prepayment premium, or to the restoration or repair of the Premises, the choice of application to be solely at the discretion of the Mortgagee.
Appears in 1 contract
Samples: Mortgage and Security Agreement and Fixture Financing (Navarre Corp /Mn/)
Damage or Destruction of the Premises. The Mortgagor will shall give the Mortgagee prompt notice of any damage to or destruction of the Premises, Premises and in case of loss covered by policies of insurance, insurance the Mortgagee (whether before or after foreclosure sale) is hereby authorized at its option to settle and adjust any claim arising out of such policies and collect and receipt for the proceeds payable therefrom, provided, that the Mortgagor may itself adjust and collect for any losses arising out of a single occurrence aggregating not in excess of Twenty-Five Thousand Dollars ($25,000)50,000.00. Any expense incurred by the Mortgagee in the adjustment and collection of insurance proceeds (including the cost of any independent appraisal of the loss or damage on behalf of the Mortgagee) shall be reimbursed to the Mortgagee first out of any proceeds. Except as provided in Section 5.3 hereof, the The proceeds or any part thereof shall be applied to reduction of the Indebtedness Secured Hereby then most remotely to be paid, whether due or not, without the application of any prepayment premium, or to the restoration or repair of the Premises, the choice of application to be solely at the discretion of the Mortgagee.
Appears in 1 contract
Samples: Security Agreement (Talon Real Estate Holding Corp.)