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200011/30 <br />discharged of record and that no encumbrance exists on, or affects, the Premises other than <br />permitted encumbrances, if any, described on Exhibit B attached hereto; <br />(c) Any Request for Payment after the Restoration has been completed <br />shall be accompanied by a copy of any certificate or certificates required by law to render <br />occupancy of the Premises legal. <br />If any Restoration Funds remain after completion of Restoration and payment of <br />all related costs, then a portion of such remaining Restoration Funds, up to the total amount of <br />Borrower's own funds, if any, deposited with condemnation proceeds or Insurance Proceeds as <br />additional Restoration Funds, shall be returned to Borrower. Any Restoration Funds then <br />remaining after such return of funds to Borrower shall be applied by American Family to the <br />Indebtedness in such amounts and in such order as American Family may determine. Any return <br />of Restoration Funds to Borrower shall be conditioned upon American Family's prior receipt <br />of the Certificate of Occupancy for the Premises and other customary evidence requested by <br />American Family that the Restoration has been completed in accordance with the Approved <br />Plans, that the costs thereof are paid in full, and that no Liens for labor or material supplied in <br />connection with the Restoration are outstanding against the Premises, and provided that <br />Borrower is not then in default under any of the Loan Documents or any Lease and that all <br />Leases, if any, are then in full force and effect without modification. <br />If within sixty (60) days after the occurrence of any damage or destruction of the <br />Premises requiring Restoration, Borrower fails to request that the Insurance Proceeds be <br />disbursed as above permitted, or to submit to American Family and receive American Family's <br />approval of plans and specifications, or fails to deposit with American Family the additional <br />amount necessary to accomplish the Restoration as provided in this Section; or if, after such plans <br />and specifications are approved by all such government authorities and by American Family, <br />Borrower fails to commence promptly or diligently to continue to completion of the Restoration; <br />or if Borrower becomes delinquent in payment to mechanics, materialmen or others for the costs <br />incurred in connection with the Restoration; then, in addition to all of the rights herein set forth <br />and after five (5) days written notice of the nonfulfillment of one or more of the foregoing <br />conditions, American Family may apply all the Restoration Funds then or thereafter held by <br />American Family to reduce the unpaid Indebtedness in such order as American Family may <br />determine, and at American Family's option American Family may also declare the entire <br />Indebtedness immediately due and payable. Also, notwithstanding anything to the contrary <br />herein, American Family shall have the right at any time to apply all or any part of any <br />Restoration Funds to the curing of any default under the Loan Documents. In the event that <br />American Family applies all or any portion of the Restoration Funds to reduce the unpaid <br />Indebtedness and any Restoration Funds remain after payment in full of all Indebtedness, then <br />such remaining Restoration Funds shall be paid to Borrower. No prepayment premium will be <br />charged for any application of Restoration Funds to the Indebtedness. <br />30 <br />