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deposit there shall be deposited, in addition, an amount equal to one-twelfth <br /> (1/12) of such annual insurance premiums multiplied by the number of months <br /> elapsed between the date premiums on each policy are last paid to and including <br /> the date of deposit. <br /> The amount of such deposits shall be based upon Mortgagee's reasonable estimate as to <br /> the amount of Impositions and premiums of insurance next to be payable. Mortgagee <br /> will, upon timely presentation to Mortgagee by Mortgagor of the bills therefor, pay the <br /> Charges from such deposits. In the event the deposits on hand shall not be sufficient to <br /> pay all of the Charges when the same shall become due from time to time, or the prior <br /> deposits shall be less than the currently estimated monthly amounts, then Mortgagor shall <br /> pay to Mortgagee on demand any amount necessary to make up the deficiency. The <br /> excess of any such deposits shall be returned to Mortgagor or credited towards <br /> subsequent Charges, at the discretion of Mortgagee. If an Event of Default shall occur <br /> under the terms of this Mortgage, Mortgagee may, at its option, without being required so <br /> to do, apply any deposits on hand to the Obligations, in such order and manner as <br /> Mortgagee may elect. When the Obligations has been fully paid, any remaining deposits <br /> shall be returned to Mortgagor as its interest may appear. All deposits are hereby pledged <br /> as additional security for the Obligations, shall be held for the purposes for which made <br /> as herein provided, may be held by Mortgagee and may be commingled with other funds <br /> of Mortgagee, shall be held without any allowance of interest thereon, and shall not be <br /> subject to the decision or control of Mortgagor. Mortgagee shall not be liable for any act <br /> or omission made or taken in good faith. In making any payments, Mortgagee may rely <br /> on any statement, bill or estimate procured from or issued by the payee without inquiry <br /> into the validity or accuracy of the same. If the taxes shown in the tax statement shall be <br /> levied on property more extensive than the Mortgaged Property, Mortgagee shall be <br /> under no duty to seek a tax division or apportionment of the tax bill, and any payment of <br /> taxes based on a larger parcel shall be paid by Mortgagor, and Mortgagor shall <br /> expeditiously cause a tax subdivision to be made. <br /> 1.11 Compliance with Code. Mortgagor covenants that when completed the <br /> Improvements shall comply with all applicable restrictions, conditions, codes, <br /> ordinances, regulations and laws of the City of Elk River (the "City") and other <br /> governmental bodies having jurisdiction over the Mortgaged Property, including, without <br /> limitation, the Americans with Disabilities Act and those related to environmental <br /> protection. Mortgagor has NOT commenced construction of the Improvements. <br /> ARTICLE TWO <br /> EVENTS OF DEFAULT <br /> Each of the following occurrences shall constitute an Event of Default hereunder: <br /> 2.1 Failure to pay. Mortgagor's failure to pay any amount due under the <br /> Entity Guaranty or any other amount required to be paid by Mortgagor hereunder when <br /> due. <br /> -9- <br />