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- 7 - 200111898 <br />the Trustor's cost and expense, any such mortgages, deeds of trust, Liens, security interests, <br />charges or encumbrances upon the Trust Estate or any portion thereof or interest therein. <br />Section 1.05. Insurance and Casualty and Condemnation Events. <br />(a) Insurance. The Trustor shall purchase and maintain in full force and effect <br />policies of insurance in such form and amounts, covering such risks, and issued by such <br />companies, in each case in the manner and to the extent required pursuant to Section 5.04 of the <br />Credit Agreement and shall cause each of such policies to name the Beneficiary and the Trustee <br />as loss payee (to the extent covering risk of loss or damage to tangible property) and as an <br />additional named insured as their interests may appear (to the extent covering any other risk) <br />Each policy shall provide that it will not be canceled or reduced, or allowed to lapse without <br />renewal, except after not less than 30 days' notice to the Beneficiary and the Trustee. The <br />Trustor expressly assumes all risk of loss, including a decrease in the use, enjoyment or value of <br />the Trust Estate from any fire or other casualty whatsoever, whether or not insurable or insured <br />against. The Trustor will advise the Beneficiary and the Trustee promptly of any policy <br />cancellation, reduction or amendment. <br />(b) Casualty and Condemnation. Should the Trust Estate or any part thereof be <br />taken or damaged by reason of any fire or other casualty (collectively, a "Casualty "), or by <br />reason of any public improvement or condemnation proceeding (collectively, a "Condemnation ") <br />or should the Trustor receive any notice or other information regarding any such proceeding, the <br />Trustor shall give prompt notice thereof to the Beneficiary and the Trustee. The Beneficiary <br />shall be entitled to receive all insurance or other amounts payable as a result of any such <br />Casualty (collectively, the "Casualty Proceeds "), and all compensation, awards, damages and <br />other payments or relief arising out of any such condemnation or any part thereof (collectively, <br />"Condemnation Proceeds "), and all such insurance and other amounts, and compensation, <br />awards, damages and other payments or relief, together with all rights and causes of action <br />relating thereto or arising out of any such Casualty or Condemnation, are hereby assigned to the <br />Beneficiary. The Trustor shall execute such further assignments of the Casualty Proceeds and <br />Condemnation Proceeds as the Beneficiary may from time to time require. <br />(c) Restoration Account. Following the occurrence of any Casualty or <br />Condemnation involving the Trust Estate or any part thereof resulting in a loss in excess of <br />$500,000, the Trustor shall give prompt notice thereof to the Beneficiary and shall cause all <br />Casualty or Condem=tion Proceeds, as the case may be, to be paid to the Beneficiary as <br />additional collateral security hereunder subject to the Lien of this Deed of Trust. Upon receipt <br />by the Beneficiary of any such proceeds (including, without limitation, any Casualty Proceeds <br />payable directly to the Beneficiary as loss payee under the respective policies maintained <br />pursuant to paragraph (a) of this Section 1.05), the Beneficiary shall deposit the same into a cash <br />Deed of Trust <br />NY 1: #3303402v2 <br />