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�^4��i '� F �I �(��l I ' �l �_��'V�1)l�'. _ . �. � �Ry 4t41�r� ._'-�5•�`h.l'�sSF.q`-=__ �T�"��' . .. ... .. . w.�+�wawi�-,� — �j- i�Q064 maka pmof of loss if Mortgagar fails to do so within fifteen(1S)days of the casualty. All proceeds _ of any insurance on the Property shall be held by Mortgagce as part of the Proper`�y and if Mortgagor elects to restore the Properly,Mortgagee shall pay from the proceeds,the eost of repair or restoratioci to the extcnt of such procaeds. If Mortgagor elects not to nstore the Property,Mortgagee shall retain a sufficient amount of the proceeds to pay all indebtednass under the Note,and shall pay the balance � to Mortgagor. Any proceeds which have not been paid out within one hundred eighty(180)days after their receipt and which Mortgagor has not committe,�i to the repair or restoration of the Properiy shall be used to prepay principal pursuant to the prepaymcnt provisions of the Note. If Mortgagee hold any proceeds aftar payment in full of the indebtedness under the Note,such proceeds shall be paid to Mortgagor. 5. TITLE;SALE S.1 �f Tifle• Except as suthorized in this Mortgage,Mortgagor warrants and shall defend the title to the Properly against the lawful cl�ims of all persons. In the event any action�r proceeding is commenced that questioi�s Mortgagor's title to flie Property or Mortgagee's interest - under this Mortgage,Mortgagor shall defend the action.at its expense. 5.2 $�1 .��f Pro�rtv. Subject to Mortgagee's consent and to the restrictions contained in the Franchise Agreement,upon any sale,transfer or disposition of the Properry as a whale,Mortgagor shall apply the proceeds thereof either(a)to prepay principal pursuant to the prepayment provisions of ttae N�te;or(b)to acquire substitute Property on terms and conditions satisfactory to Mortgagee. 6. CONDEMNATION 6.1 p��lication of Net Proceeds. If all or any part of the Real Property is condecnned, Mortgaga shall make available to Nfortgagor the net proceeds of the conc�.emnation for npair and restoration of the Real Property and any improvenients thenron any remaining balance shall be paid to Mortgagee. In the event that the Real Property is conc�emned to the axtent that in Mortgagor's reasonable judgment it is no longer suitable for its intended use, the net procceds of the condemnation shall be applied by Mortgagee to prepay principal pursuant tu thc prepayment provisions of the Note. The"net prceeeds" shall mean the total amount available after payment of all nasonable costs, expenses and attomeys' fas nccessarily paid or incurred by Mortgagor ancl Mortgagee in co�ecdon with the taking by condemnation. Sale of all or any part of the Real Property to a purchascr with the power of eminent domain in the face of a threat or th�probability of the exercise of this power shall be t�+eated as a taking by condemnation to which this section shall apply. 6.2 P�ocee ,n �• If any proceedings in condemnation aze filed,Mortgagor shall prom�tly take such steps as may be necessary to defend the action and obtain the award. � —:�: ..r.—�= s.____. _ _ . 7_a....�—�--... .___�,.-..� ' . . " .,.7`:.. ' ' . ..-� ��. . ' ' . - - . _ , . ,, i-� .. 1�6rf_. . . _ _ ... � . _ . . _.. . _ , , , . , t ,. ,. ,1 . • � . . . �i.R � ' . . . ;i . , ' „ �. . " .