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200111898 <br />effectuate any cure of such Default. All Casualty or Condemnation Proceeds remaining after the <br />payment for restoration and repair of the Affected Property pursuant to this Section 1.05(d) may, <br />at the option of the Beneficiary be applied to the prepayment of the loans or other indebtedness <br />constituting the Obligations hereunder in the manner and to the extent specified in <br />Section 2.08(b) of the Credit Agreement and, to the extent not required to be prepaid under <br />Section 2.08(b) of the Credit Agreement, to be paid to the Trustor or to the repayment of <br />Indebtedness under Section 2.08(a) of the Credit Agreement. <br />(e) Compromise, Adjustment or Settlement. The Beneficiary shall be entitled at <br />its option to participate in any compromise, adjustment or settlement in connection with any <br />claims for loss, damage or destruction under any policy or policies of insurance, in excess of <br />$500,000, and the Trustor shall within five Business Days after request therefor reimburse the <br />Beneficiary for all out -of- pocket expenses (including reasonable attorneys' fees and <br />disbursements) incurred by the Beneficiary in connection with such participation. The Trustor <br />shall not make any compromise, adjustment or settlement in connection with any such claim <br />unless in accordance with Section 6.01(b) of the Credit Agreement. <br />(f) Foreclosure, Etc. In the event of foreclosure of the Lien of this Deed of Trust <br />or other transfer of title or assignment of the Trust Estate in extinguishment, in whole or in part, <br />of the Obligations, all right, title and interest of the Trustor in and to all policies of casualty <br />insurance covering all or any part of the Trust Estate shall inure to the benefit of and pass to the <br />successors in interest to the Trustor or the purchaser or grantee of the Trust Estate or any part <br />thereof. <br />Section 1.06. Impositions. <br />(a) Payment of Impositions. Except to the extent otherwise permitted under <br />Section 5.03 of the Credit Agreement, the Trustor shall pay or cause to be paid, before any fine, <br />penalty, interest or cost attaches thereto, all taxes, assessments, water and sewer rates, utility <br />charges and all other governmental or nongovernmental charges or levies now or hereafter <br />assessed or levied against any part of the Trust Estate (including, without limitation, <br />nongovernmental levies or assessments such as maintenance charges, owner association dues or <br />charges or fees, levies or charges resulting from covenants, conditions and restrictions affecting <br />the Trust Estate) or upon the Lien or estate of the Beneficiary or the Trustee therein (collectively, <br />"Impositions "), as well as all claims for labor, materials or supplies that, if unpaid, might by law <br />become a prior Lienshereon, and within 10 days after request by the Beneficiary or the Trustee <br />will exhibit receipts showing payment of any of the foregoing; provided, however, that if by law <br />any such Imposition may be paid in installments (whether or not interest shall accrue on the <br />unpaid balance thereof), the Trustor may pay the same in installments (together with accrued <br />Deed of Trust <br />NY1 #3303402v2 <br />