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201906785 <br />(e) If the insurance proceeds are applied to the reduction of the Indebtedness secured <br />by this Instrument, any such application of proceeds shall not extend or postpone the due dates of the <br />installments payable under the Note, or change the amounts of such installments. <br />(f) If the Property is sold pursuant to this Instrument or if Lender acquires title to the <br />Property, Lender shall have all of the right, title, and interest of Grantor in and to any insurance policies <br />and unearned premiums thereon and in and to the proceeds resulting from any damage to the Property <br />prior to such sale or acquisition. <br />(g) If any loss shall occur at any time when an Event of Default exists, Lender shall <br />be entitled to the benefit of all insurance held by or for Grantor, to the same extent as if it had been made <br />payable to Lender, and upon foreclosure under this Instrument, Lender shall become the owner of all <br />insurance policies. <br />7.3 RESTORATION OF PROPERTY. Provided no Event of Default has occurred, and no <br />event has occurred which, with the passage of time or notice or both, would constitute or cause an Event <br />of Default, Lender will permit Grantor to rebuild and restore the Property to its previous condition <br />following a casualty and to use the insurance proceeds paid as a result of the casualty, subject to Lender's <br />determination, in its sole and absolute discretion, that the Property can be properly restored. Lender will <br />hold the insurance proceeds in a separate account to be applied to the restoration and repair of the <br />Property upon the following terms and provisions: <br />(a) The Property shall be restored to the equivalent of its original condition or such <br />other condition as Lender may approve in writing. <br />(b) Grantor shall cause an architect acceptable to Lender to prepare plans and <br />specifications for the repair and restoration of the damaged property. In addition, Grantor shall have the <br />repair and restoration work bid by a contractor or contractors acceptable to Lender and shall obtain the <br />contractor's cost estimate for such work. Grantor shall promptly submit the plans and specifications and <br />the contractor's cost estimate to Lender for approval. Upon receipt of approval by Lender, Grantor will <br />promptly commence and diligently pursue the work of repair and restoration. <br />(c) If prior to the commencement of the work, or at any time during the restoration <br />and repair of the Property, Lender shall determine in good faith that the total cost of restoration or repair <br />shall exceed the balance of the proceeds held in its possession, Grantor shall immediately pay, in cash, to <br />Lender the amount of such excess costs. Until the amount of such excess costs is paid to Lender, Lender <br />shall not be obligated to disburse any of the proceeds held by Lender. The insurance proceeds, together <br />with the amount of excess costs paid by Grantor, are hereinafter collectively called "Construction Funds'. <br />(d) The Construction Funds will be made available to Grantor as restoration and <br />repair work progresses. As a condition precedent to each advance, Lender may require Grantor to furnish <br />to Lender draw requests executed by Grantor and its contractor, executed lien waivers signed by the <br />contractor and any subcontractors or suppliers, and such other items as Lender shall reasonably require. <br />The final advance shall not be made unless and until Lender has received a certificate and affidavit of <br />Grantor (with supporting evidence, including lien waivers and releases) that the construction work has <br />been fully completed and all bills for labor and materials have been paid in full. Lender shall be entitled to <br />designate, at Grantor's expense, an architect or engineer to make inspections or certifications required by <br />Lender, and Lender shall not be required to make any advance until Lender has received inspections and <br />certifications satisfactory to Lender. <br />(e) In the event Grantor shall fail to promptly and fully perform the conditions and <br />covenants set out herein, or in the event during the restoration and repair any Event of Default shall have <br />occurred hereunder, Lender may, at its option, immediately cease making further payments to Grantor for <br />2932707_3 18 <br />