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2013003 <br />(g) Flood insurance shall be maintained at all times during which the Property <br />is in an area identified as a special flood hazard area pursuant to the National Flood <br />Insurance Reform Act of 1994 ( "Act "), as amended, or other applicable law, with such <br />insurance to be in at least the amount as required by the Act; and <br />(h) Such other insurance, including, without limitation, earthquake insurance, <br />as may from time to time be required by Beneficiary, in such amounts and against such <br />hazards and risks, as is commonly obtained by prudent owners of property similar in use <br />to the Mortgaged Property and located in the same area in which the Property is located. <br />All polices of insurance required by the terms of this Deed of Trust shall contain an <br />endorsement or agreement by the insurer that any loss shall be payable in accordance with the <br />terms of such policy, notwithstanding any act or negligence of Trustor which might otherwise <br />result in forfeiture of said insurance, and the further agreement of the insurer waiving all rights <br />of setoff, counterclaim or deductions against Trustor. <br />Section 1.06. Delivery of Insurance Policies, Payment of Premiums. All polices of <br />insurance shall be issued by companies and in amounts as required by the provisions of the Loan <br />Documents and as otherwise satisfactory to Beneficiary. All policies of insurance shall name <br />Beneficiary as an additional insured, and shall have attached thereto a lender's loss payable <br />endorsement for the benefit of Beneficiary, which endorsement indicates that all insurance <br />proceeds are payable directly to Beneficiary, and shall be otherwise in form satisfactory to <br />Beneficiary. Trustor shall furnish Beneficiary with an original or certified copy of all policies of <br />required insurance. <br />Fifteen (15) days prior to the expiration of each such policy, Trustor shall furnish <br />beneficiary with evidence satisfactory to Beneficiary of the reissuance of a policy continuing <br />insurance in force as required by this Deed of Trust. All such policies shall contain a provision <br />that such policies will not be canceled or materially amended in any manner, including, without <br />limitation, amended to reduce the scope of limits of coverage, without thirty (30) days' prior <br />written notice to Beneficiary and shall provide that no claims shall be paid thereunder without at <br />least ten (10) days prior written notice to Beneficiary. In all cases, Trustor shall immediately <br />give notice to Beneficiary of any notice received by Trustor of any expiration, cancellation or <br />modification of, or material reduction of coverage under, any such policy. <br />In the event Trustor fails to provide, maintain, keep in force or deliver and furnish to <br />Beneficiary the policies of insurance required by this Deed of Trust or make the deposits <br />required hereunder, Beneficiary may procure such insurance or single- interest insurance for such <br />risks covering Beneficiary's interest, and Trustor will pay all premiums thereon promptly upon <br />demand by Beneficiary, and until such payment is made by Trustor the amount of all such <br />premiums, together with interest thereon at the Default Rate provided by the Promissory Note, <br />shall be secured by this Deed of Trust. <br />Subject to Section 1.07, Beneficiary may, at any time at Beneficiary's option, apply any <br />sums or amounts received pursuant hereto, or as rents or income of the Mortgaged Property or <br />otherwise, upon any Secured Obligation in such manner and order as Beneficiary may elect. The <br />receipt, use or application of any such sums by Beneficiary hereunder shall not be construed to <br />affect the maturity of any Secured Obligation or any of the rights or powers of Beneficiary under <br />the terms of the Loan Documents or any of the obligations of Trustor or any guarantor under the <br />Loan Documents. <br />Section 1.07. Insurance Proceeds. After the occurrence of any casualty to the <br />Mortgaged Property, or any part thereof, Trustor shall give prompt written notice thereof to <br />Beneficiary and each insurer and promptly submit a claim to insurer for payment of insurance <br />proceeds; Trustor shall provide Beneficiary with a copy of such claim. <br />(a) All proceeds of insurance paid or payable under any insurance policy (the <br />"Insurance Proceeds ") with respect to the Mortgaged Property shall be paid to <br />Beneficiary; each insurer is hereby authorized and directed to make payment for any such <br />loss directly to Beneficiary instead of payment to Trustor. Any Insurance Proceeds shall <br />be applied first to the payment of all costs and expenses incurred by Beneficiary in <br />obtaining such proceeds. Provided no Event of Default has occurred hereunder, or an <br />event which, with the passage of time or the giving of notice, would constitute an Event <br />of Default hereunder, the balance of the proceeds, if any, shall be (i) applied by <br />5 <br />