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��14��133 <br /> This po�ver of attarney is coup�ed with an interest and therefore is �rre�ocable. Borrower shall <br /> notify Lender of any payment recei�ed from any insurer. Lender shall ��} hold th�balance of <br /> such proceeds to be used to reimburse Borrower for the cost af restoring and r�pairing the <br /> M�rtgaged Property to the equi�alent of its original condition or t� a condition appr�ved by <br /> Lender, or�2� apply the balan�e of such pr�ceeds to the payment af the Indebtedness,whether or <br /> not then due. To the extent Lender determines to apply insurance proc��ds to restorati�n, Lender <br /> shall do so in accardance with Lender's then--current policies relating to the restoration of <br /> casualty damage on similar healthcar�praperties; pro�ided that so long as the Laan is insured or <br /> he�d by HUD, insurance proceeds shal�be applied as appr��ed by HUD and in accordance with <br /> Program �h�igations pursuant to Section 19�g} below. <br /> �g} Lender sha�l not exercise its option to apply insurance proceeds to the payment of <br /> the Indebtedness if all of the fol l�wing�onditians are met: t�} no E�ent�f Default�or any e��nt <br /> which,with the gi�ing of Natice or the passage of time, or both, would constitute an E�ent of <br /> Default}has occurred and is continuing; �2�Lend�r determines, in its discretion, that th�r�vvill <br /> b� sufficient funds ta c�mplete the r�storation; (3}Lender determines, in its discretion,that the <br /> rental income from the Mar�gaged Pr�per�y after campletion of the restoration will be sufficier�t <br /> ta meet all operating costs ar�d other expenses, imposition I3eposits, deposits to reser�es and loan <br /> repayment obligations reiating to the M�rtgaged Property; and (4) Lender determines, in its <br /> disGretion,that the restaratian wil� be completed befare the ear�ier�f(A} ane year hefore the <br /> matur�ty date of the Note or�B� one year aft�r the date of the loss or casualty. Further, so lang <br /> as the Loan is insured by HUD, Lender may not exercise its aption to apply insuran�e pro�e�ds <br /> to the payment of the Indebtedness without the priar written appro�a� of HUD. If H[lI] fails to <br /> g��e its appr�val to the use or application of such funds w�thin sixty���} days after the written <br /> request by Lender, Lender may use or apply such funds far any�f the purposes specified herein <br /> �vithout th�appro�al af HUD. <br /> (h) If the M�rtgaged Property is sold at a foreclosure sa�e or Lender or HUD acquire <br /> title to the Mortgaged Praperty, Lender and HUD, as applicable, shall automatically succeed to <br /> all rights af Borrower in and tn any insurance palicies and un�arned insurance premiums and in <br /> and to the proce�ds af praperty damage insurar�ce resulting fr�m any damage to the Mortga�ed <br /> Property pri�r ta such sale or acquisition. <br /> Z U. ��NDEMNATI�N. <br /> �a� Borrower sha11 promptiy nat�fy Lender of any a�tion or pr��eeding relattng to any <br /> c�ndemnati�n ar other taking, or Con�eyance in lieu thereof, of all or any part af the Mortgaged <br /> Property, whether direct or indirect condemnation. Barrower shall appear in and prasecut�or <br /> defend any actinn ar pr�ceed�ng relating to any condemnation unless oth�rwis� directed by <br /> Lender in writing. B�rrower authorizes and appaints Lend�r as attorney-in-fact for Borr�wer to <br /> commenc�, appear in and prosecute, in Lender's ar Borrower's name, any action or proceeding <br /> relating t� any candemnation and to s�ttle or campramise any claim in connect��n with any <br /> condemnation. This p�wer of attorney is cnupled with an interest and therefor� is irre�ocable. <br /> However, nothing contained in this Section �� shall require Lender to incur any e�pense �r take <br /> any actinn. Barrawer hereby transfers and ass�gns to Lender all right,title and interest of <br /> Borrower in and to any award or payment with respect to (1� any condemnation, or any <br /> Pre�ious versians vbsolete . Page 24 0�44 for�m HUD-94��4-�R�F�Rev.D3113� <br />