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201502075 <br />elect. Such damage or destruction shall not affect the lien of this Deed of Trust or the <br />obligations of Trustor hereunder, and Beneficiary is authorized at Beneficiary's option to <br />compromise and settle all loss claims on said policies if not adjusted promptly by Trustor. <br />The application of Insurance Proceeds in the manner set forth above shall be conditional <br />upon Trustor first depositing with Beneficiary such amount as Beneficiary may, in its <br />reasonable discretion, determine to be required beyond the Insurance Proceeds to <br />complete the altering, restoring or rebuilding of the Mortgaged Property, or such portion <br />thereof as may have been altered, damaged or destroyed ( "Additional Funds "). <br />Disbursement of Insurance Proceeds, together with the Additional Funds, if any, required <br />to be so deposited by Trustor with Beneficiary shall be in accordance with Beneficiary's <br />then current construction loan procedures. If, however, an Event of Default has occurred <br />which was not cured within the applicable cure period, if any, or Trustor has failed to <br />provide the deposit of the Additional Funds within thirty (30) days following the date of <br />receipt of the Insurance Proceeds, then the balance of the proceeds, if any, may be <br />applied at the option of Beneficiary, (i) toward altering, restoring or rebuilding the <br />Mortgaged Property or such portion thereof that may have been altered, damaged or <br />destroyed, or (ii) against sums secured hereby in such order as Beneficiary may in its <br />absolute discretion elect. <br />(b) Notwithstanding the application of Insurance Proceeds to the payment of a <br />portion of the Secured Obligations, any unpaid portion of the Secured Obligations shall <br />remain in full force and effect, and Trustor shall not be excused in the payment thereof; <br />provided, however, such unpaid portion shall be reamortized using the remaining <br />amortization period set forth in and as may be adjusted under the Promissory Note. If <br />any act or occurrence of any kind or nature on which insurance was not obtained or <br />obtainable shall result in damage to or loss or destruction of the Mortgaged Property, <br />Trustor shall give immediate notice thereof to Beneficiary and, unless otherwise so <br />instructed by Beneficiary, shall promptly, at Trustor's sole cost and expense, whether or <br />not the Insurance Proceeds are adequate to cover such cost and expense, restore, repair, <br />replace and rebuild the Mortgaged Property as nearly as reasonably practicable to its <br />value, condition and character immediately prior to such damage, loss or destruction, in <br />accordance with plans and specifications submitted to and approved by Beneficiary, <br />which approval shall not be unreasonably withheld. <br />(c) Except as provided below, nothing contained in this Deed of Trust shall be <br />deemed to excuse Trustor from repairing or maintaining the Mortgaged Property as <br />provided in Section 1.04 hereof. The application or release by Beneficiary of any <br />Insurance Proceeds shall not cure or waive any Event of Default or notice of default <br />under this Deed of Trust or invalidate any act done pursuant to such notice. If <br />Beneficiary elects not to so apply the Insurance Proceeds to the restoration, rebuilding or <br />repair of the Mortgaged Property pursuant to Section 1.07(a) hereof, Trustor shall not be <br />required to restore, rebuild or repair the portion of the Mortgaged Property damaged or <br />destroyed, and the failure to do so shall not constitute an Event of Default under this <br />Deed of Trust. <br />Section 1.08. Assignment of Policies Upon Foreclosure. In the event of the <br />foreclosure of this Deed of Trust, or other transfer of title to the Mortgaged Property, or any part <br />8 <br />