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Flood Insurance
Flood Insurance contract clause examples
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“Flood Insurance Laws” shall mean collectively, # the National Flood Insurance Reform Act of 1994 (which comprehensively revised the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973), as now or hereafter in effect or any successor statute thereto, # the Flood Insurance Reform Act of 2004, as now or hereafter in effect or any successor statute thereto and # the Biggert –Waters Flood Insurance Reform Act of 2012, as now or hereafter in effect of any successor statute thereto, in each case, together with all statutory and regulatory provisions consolidating, amending, replacing, supplementing, implementing or interpreting any of the foregoing, as amended or modified from time to time.

Section # Compliance with Flood Insurance Laws. The Administrative Agent has adopted internal policies and procedures that address requirements placed on federally regulated lenders under the Flood Insurance Laws and will post on the applicable electronic platform (or otherwise distribute to each Lender documents that it receives in connection with the Flood Insurance Laws (collectively, the "Flood Documents")); provided, however that the Administrative Agent makes no representation or warranty with respect to the adequacy of the Flood Documents or their compliance with the Flood Insurance Laws. Each Lender acknowledges and agrees that it is individually responsible for its own compliance with the Flood Insurance Laws and that it shall, independently and without reliance upon Administrative Agent or any other Lender and based on such documents and information as it shall from time to time deem appropriate, including the Flood Documents posted or distributed by the Administrative Agent, continue to do its own due diligence to ensure its compliance with the Flood Insurance Laws.

for the Property under the Flood Insurance Acts through the National Flood Insurance Program and, if required by , excess flood limits in amounts acceptable to in its reasonable discretion, in each case having deductibles acceptable to ;

No Mortgaged Property is a Flood Hazard Property unless the shall have received the following: # the applicable [[Loan Parties:Organization]]’s written acknowledgment of receipt of written notification from the # as to the fact that such Mortgaged Property is a Flood Hazard Property, # as to whether the community in which each such Flood Hazard Property is located is participating in the National Flood Insurance Program and # such other flood hazard determination forms, notices and confirmations thereof as requested by the and # copies of insurance policies or certificates of insurance of the applicable [[Loan Parties:Organization]] evidencing flood insurance reasonably satisfactory to the and naming the as loss payee on behalf of the Secured Parties and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws. All flood hazard insurance policies required hereunder have been obtained and remain in full force and effect, and the premiums thereon have been paid in full.

Mortgage Instruments” means such title reports, title insurance, property insurance, flood certifications and flood insurance (and, if applicable, FEMA form acknowledgements of insurance), any other flood documentation or information reasonably requested by a Lender through the Administrative Agent to enable such Lender to comply with Flood Laws, opinions of counsel, surveys, appraisals, environmental reports and similar documents or related certifications as are requested by, and in form and substance reasonably acceptable to, the Administrative Agent from time to time.

The Administrative Agent shall have received a completed standard “life of loan” flood hazard determination form for each Mortgaged Property, and if the property is located in an area designated by the U.S. Federal Emergency Management Agency (or any successor agency) as having special flood or mud slide hazards, # a Borrower Notice and (if applicable) notification to the Borrowers that flood insurance coverage under the NFIP created by the U.S. Congress pursuant to the Flood Laws is not available because the applicable community does not participate in the NFIP, # documentation evidencing the Borrowers’ receipt of the Borrower Notice (e.g., countersigned Borrower Notice, return receipt of certified U.S. Mail, or overnight delivery), and # if a Borrower Notice is required to be given and flood insurance is available in the community in which the property is located, a copy of one of the following: the flood insurance policy, the Borrowers’ application for a flood insurance policy plus proof of premium payment, a declaration page confirming that flood insurance has been issued, or such other evidence of flood insurance reasonably satisfactory to the Collateral Agent and in compliance with the Flood Laws.

If any portion of any Collateral is at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a “flood hazard area” with respect to which flood insurance has been made available under any of the Flood Insurance Laws, then Borrowers shall # with respect to such Collateral maintain with responsible and reputable insurance companies acceptable to Agent, flood insurance in an amount and otherwise sufficient to comply with all applicable rules and regulations promulgated pursuant

If any material part of the improvements, exclusive of a parking lot, located on a Mortgaged Property is in an area identified in the Federal Register by the Federal Emergency Management Agency as a “Special Flood Hazard Area,” the related Mortgagor is required to maintain insurance in the maximum amount available under the National Flood Insurance Program (irrespective of whether such coverage is provided pursuant to a National Flood Insurance Program policy or through a private policy), plus such additional flood coverage in an amount as is generally required by the [[Organization A:Organization]] for comparable mortgage loans intended for securitization.

No real property shall be taken as Collateral unless the Lenders receive 45 days advance notice and each Lender confirms to the Administrative Agent that it has completed all flood due diligence, received copies of all flood insurance documentation and confirmed flood insurance compliance as required by the Flood Laws or as otherwise satisfactory to such Lender. At any time that any real property constitutes Collateral, no modification of a Loan Document shall add, increase, renew or extend any loan, commitment or credit line hereunder until the completion of flood due diligence, documentation and coverage as required by the Flood Laws or as otherwise satisfactory to all Lenders.

Regulation H. Other than any Mortgaged Property with respect to which the Borrower has delivered (or caused to be delivered) customary “flood documentation” consistent with the documentation referred to in Section 3.01(a)(xii), no Mortgage encumbers improved real property that is located in an area that has been identified by the Secretary of Housing and Urban Development as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968.

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