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4. Insurance. 200001502 <br />A. Borrower shall keep the Property insured with an all <br />risk policy (including builder's risk coverage during <br />construction) insuring against loss or damage by fire with <br />extended coverage and against any other risks or hazards, <br />including liability, which in the reasonable opinion of <br />Beneficiary, should be insured against, in amounts and with a <br />company or companies and in such form and with such endorsements <br />as may be reasonably approved or required by Beneficiary, <br />including if applicable, boiler explosion coverage and sprinkler <br />leakage coverage, with loss payable to Beneficiary. In case of <br />loss under such policies, the Lender is authorized to adjust, <br />collect and compromise, all claims thereunder and shall apply all <br />or part of the insurance proceeds in the following order, as long <br />as the Borrower is not in default: (i) first, in payment of the <br />repair or restoration of the Property, if Borrower can <br />demonstrate that the insurance proceeds together with any funds <br />that the Borrower may contribute are sufficient to repair and <br />restore the Property to its condition immediately prior to its <br />casualty; (ii) second, to any indebtedness secured hereby and in <br />such order as Lender may determine; (iii) third, for any other <br />purpose or object satisfactory to Lender without affecting the <br />lien of this Trust Deed for the full amount secured hereby before <br />such payment ever took place. If a default has been declared, <br />Lender has the option to apply said payment as it sees fit. Any <br />application of proceeds to indebtedness shall not extend or <br />postpone the due date of any payment under the Note, or cure any <br />default thereunder or hereunder. <br />B. Lender shall be provided with evidence that Borrower has <br />obtained comprehensive general public liability insurance for an <br />amount not less than $1,000,000.00 per occurrence, with an <br />aggregate coverage of $2,000,000.00 and an umbrella policy in an <br />amount not less than $1,000,000.00. <br />C. Borrower shall maintain such other insurance, including <br />but not limited to rent loss or business interruption insurance, <br />hazard, boiler and sprinkler insurance, in such form and amounts <br />and with such companies as are satisfactory to Lender. Borrower <br />shall also carry insurance against flood if required by the <br />Federal Flood Disaster Protection Act of 1973 and regulations <br />issued thereunder. All insurance policies shall provide that all <br />proceeds shall be payable to Lender under a standard <br />noncontributory mortgagee clause in favor of and in form <br />acceptable to Lender, that the policies may not be cancelled, <br />modified, or not renewed except upon the giving of at least <br />thirty (30) days' prior written notice to Lender, and shall also <br />provide that any losses shall be payable notwithstanding (i) any <br />act, failure to act or negligence contained in such policy by any <br />named insured, if legally permissible, (ii) the occupation or use <br />of the Property for purposes more hazardous than permitted by the <br />terms thereof, (iii) any foreclosure or other action or <br />proceeding taken by Lender or foreclosure pursuant to any <br />provision of this Trust Deed, or (iv) any change in title or <br />ownership of the Property and the policies shall otherwise be in <br />such form and substance as shall be acceptable to Lender. <br />D. During the construction of the proposed improvements, <br />builder's risk insurance in a minimum amount of $720,000.00 shall <br />be required. <br />E. All of the above mentioned insurance policies or binder <br />of such insurance satisfactory to Beneficiary, together with <br />receipts for the payment of premiums thereon, shall be delivered <br />to and held by Beneficiary, which delivery shall constitute <br />assignment to Beneficiary of all return premiums to be held as <br />additional security hereunder. All insurance policies shall name <br />Lender as mortgagee. At no time shall the insured value be less <br />than the total of all loans on the property. All renewal and <br />replacement policies shall have been delivered to Beneficiary at <br />least thirty (30) days before the expiration of the expiring <br />3 <br />