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HomeMy WebLinkAbout1682 1 or about the Premises; and (v) flood insurance (in the event the Premises are situated within a "flood hazard area", as such term is defined in the United States Flood Disaster Protection Act of 1968) in an amount equal to the lesser of the maximum amount authorized by law or the Full Insurable Value.of the Improvements. ' (b) Polic Provisions. All insurance (except workmen's compensation nsurance) with respect to' the Premises and the Improvements (i) shall be written by an insurer or insurers authorized to do an insurance business in the State of Florida; iii) shall provide that all insurance proceeds for losses shall be adjusted by De- veloper, subject to the approval of any Construction Lender or if there is- no Construction Mortgage, the approval of Mortgagee; (iii) shall, except in the case of public lia- bility insurance, include effective waivers by the insurer of all rights of subrogation against any named insured and ` (if obtainable) all claims for insurance premiums against Mortgagee, and be payable (without contribution, if obtain- able) to Mortgagee; (iv) shall provide that any losses shall be payable to Mortgagee as its interests may appear notwith- standing (a) any act or negligence of Developer, (b) the _ occupation or use•of the Premises or the Improvements for purposes more hazardous than permitted by the terms thereof, (c) any foreclosure or other action or procedure taken by Mortgagee pursuant to any provision of the Mortgage, or (d) ~ any change in title or ownership of the Mortgaged Property; and (v) shall provide that no suspension, cancellation, termination, modification, non-renewal or lapse or material change in coverage thereof shall be effective until at least 30 days after receipt of written notice thereof by Mortgagee. (c) Delivery of Policies. Developer will deliver to Mortgagee (i) upon the execution and delivery of this- Restated Mortgage, certificates evidencing all insurance which Developer is required to maintain pursuant to this Section 3.08, and (ii) at least 30 days prior to the ex- piration of any such certificate, renewal certificates. (d) A lication of Insurance Proceeds. All insurance proceeds rece ved by Mortgagee on account of any damage to or destruction of the Improvements (less the actual costs, fees and expenses incurred in the collection thereof) shall, subject to the rights of any Construction i Lender to receive and disburse such proceeds, be paid over to the Mortgagee and be applied, provided there is no Event of Default hereunder and the .Construction Lender consents thereto, to reimbursement to Developer for expenses incurred in the restoration of the Improvements or, if there is a continuing Event of Default hereunder or the Construction Lender does not so consent, such proceeds shall be applied to payment of the Second Replacement Note. r (e) Other Insurance. Neither the Mortgagors nor the Developer shall take out separate insurance concurrent in form or contributing in the event of loss with that required to be maintained under this Section 3.08, unless j the Mortgagee is included therein as a named insured with i i 2- ' 8342 ~A~E1681