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201901174 <br />restoration work free and clear of all liens or claims for lien. All title insurance charges <br />and other costs and expenses paid to or for the account of Grantor in connection with the <br />release of such insurance proceeds shall constitute so much additional indebtedness <br />hereby secured to be payable upon demand with interest at the Default Rate (as <br />hereinafter defined). Beneficiary may deduct any such costs and expenses from insurance <br />proceeds at any time in its possession. If Grantor fails to request that insurance proceeds <br />be applied to the restoration of the improvements or if Grantor makes such a request but <br />fails to complete restoration within a reasonable time, Beneficiary shall have the right, but <br />no the duty, to restore or rebuild said Mortgaged Premises or any part thereof for or on <br />behalf of Grantor in lieu of applying said proceeds to the indebtedness hereby secured and <br />for such purpose may do all necessary acts, including using funds deposited by Grantor as <br />aforesaid and advancing additional funds for the purpose of restoration, all such <br />additional funds to constitute part of the indebtedness hereby secured payable upon <br />demand with interest at the Default Rate. <br />10. Eminent Domain. Grantor acknowledges that Condemnation Awards have been <br />assigned to Beneficiary, which awards Beneficiary is hereby irrevocably authorized to collect and <br />receive, and to give appropriate receipts and acquittances therefor, and, at Beneficiary's option, <br />to apply the same toward the payment of the amount owing on account of the indebtedness <br />hereby secured in such order of application as Beneficiary may elect and whether or not the same <br />may then be due and payable or otherwise adequately secured; provided, however, that a <br />Condemnation Award in respect of any taking of a portion (but not all or any material portion) of <br />the Mortgaged Premises shall be made available for the restoration of such Mortgaged Premises <br />in the same manner and subject to the same conditions as are imposed on the release of insurance <br />proceeds set forth in Section 9(d) hereof as if the Mortgaged Premises so taken were destroyed <br />and the Condemnation Award for such taking was actually insurance proceeds in respect of the <br />Mortgaged Premises so deemed as having been destroyed. In the event that any proceeds of a <br />Condemnation Award shall be made available to Grantor for restoring the Mortgaged Premises <br />so taken, Grantor hereby covenants to promptly commence and complete such restoration of the <br />Mortgaged Premises as nearly as possible to its value, condition and character immediately prior <br />to such taking. Grantor covenants and agrees that Grantor will give Beneficiary immediate <br />notice of the actual or threatened commencement of any proceedings under condemnation or <br />eminent domain affecting all or any part of the Mortgaged Premises including any easement <br />therein or appurtenance thereof or severance and consequential damage and change in grade of <br />streets, and will deliver to Beneficiary copies of any and all papers served in connection with any <br />such proceedings. Grantor further covenants and agrees to make, execute and deliver to <br />Beneficiary, at any time or times upon request, free, clear and discharged of any encumbrances of <br />any kind whatsoever, any and all further assignments and/or instruments deemed necessary by <br />Beneficiary for the purpose of validly and sufficiently assigning all awards and other <br />compensation heretofore and hereafter to be made to Grantor for any taking, either permanent or <br />temporary, under any such proceeding. <br />11. Reserved. <br />12. Reserved. <br />-9- <br />