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200109056 of such blanket Policy; which original Policy (i) is written by a carrier or carriers acceptable to Grantee, (ii) insures against the risks set forth hereinabove, (iii) cannot be amended, modified or canceled without thirty (30) days' prior written notice to Grantee, and (iv) is in amounts satisfactory to Grantee. (d) Assignment of Policy. If the Property or any part thereof is sold at a foreclosure sale or if Grantee shall acquire title to the Property or any part thereof, Grantee shall have all of the right, title and interest of Grantor in and to any Policies and the unearned premiums thereon and in and to the proceeds resulting from any damage to the Property prior to such sale or acquisition. (e) Other Insurance. Grantor shall obtain such other insurance coverage (and in such form) as Grantee shall from time to time require, including, without limitation, earthquake, tornado and /or hurricane insurance. (f) Notice of Damage or Destruction, Adjusting Loss. If the Property or any part thereof shall be damaged or destroyed by fire or other casualty, Grantor will promptly give written notice thereof to the insurance carrier and Grantee, and will not adjust any damage or loss unless Grantee shall have joined in such adjustment, Grantee or Trustee, acting jointly or severally, may make proof of loss, adjust and compromise any claim under the Policies and appear in and prosecute any action arising from such Policies. In connection therewith, Grantor does hereby irrevocably authorize, empower and appoint Grantee and Trustee (acting jointly or severally) as attorney -in -fact for Grantor (which appointment is coupled with an interest) to do any and all of the foregoing in the name and on behalf of Grantor. Notwithstanding the foregoing, and provided no Event of Default exists, if Grantee determines that the work required to complete the repairs or restoration of the Property can be completed no later than March 1, 2008, or such earlier date of no later than six (6) months prior to the effective termination date of the Letter of Credit, any damage or destruction which costs less than Two Hundred Fifty Thousand Dollars ($250,000) to repair or replace may be adjusted by Grantor without the consent of Grantee or Trustee. (g) Amounts of Insurance. Unless specified to the contrary herein, all insurance shall be in such amount or amounts acceptable to Grantee. 2.04 Indemnification. Protect, indemnify and save harmless Trustee and Grantee from and against any liability, obligation, claim, damage, penalty, cause of action, cost and expense (including without limitation reasonable attorneys' fees and expenses), imposed upon, incurred by or asserted against Grantee or Trustee by reason of (a) ownership or use of the Property or any interest therein; (b) any accident, injury to or death of persons or loss of or damage to property occurring in, on or about the Property or any part thereof or on any adjoining sidewalks, curbs, adjacent parking areas, streets or ways; (c) any use, nonuse or condition in, on or about the Property or any part thereof or on any adjoining sidewalks, curbs, adjacent parking areas, streets or ways; (d) any failure on the part of Grantor to perform or comply with any of the terms of this Deed of Trust; or (e) performance of any labor or services or the furnishing of any materials or other property in respect of the Property or any part thereof. Any amounts payable to Grantee by reason of the application of this Section shall become immediately due and payable and shall bear interest at a per annum rate of interest equal to the highest rate of interest provided for after a default under the terms of the Obligations (the "Default Rate "). The obligations of Grantor under this Section shall survive any termination or satisfaction of this Deed of Trust. 2.05 Hazardous Waste. T