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<br />. ' <br /> <br />200604217 <br /> <br />outstanding Bonds, under the terms of the Agreement. If no Bonds remain outstanding under the <br />terms of the Agreement, all proceeds will be paid to the Company. <br /> <br />All moneys held by the Paying Agent under the provisions ofthe preceding paragraph <br />shall, at the written request of the Company, be invested or reinvested by the Paying Agent as <br />specified by the Company (by one of the authorized representatives of the Company) in such request <br />in one or more of the investments enumerated in Section 4.10 of the Agreement. Any earnings or <br />profits of such investments shall be considered as part of such proceeds and the Company shall <br />forthwith pay to the Paying Agent the amount of any losses on such investments. <br /> <br />SECTION 7. Condemnation. Unless the provisions of Section 5.03(b) of the <br />Agreement are applicable and the Company has exercised its option to prepay the Note in whole <br />pursuant to such provisions, and as long as any Bonds remain outstanding under the terms of the <br />Agreement, all moneys and awards payable under the terms of the Agreement, all moneys and <br />awards payable as damages and/or compensation for the taking of title to or possession of, or for <br />damage to any portion of the Project by reason of any condemnation, eminent domain, change of <br />grade, or other proceeding shall be paid to the Paying Agent and such moneys and awards are hereby <br />assigned to the Paying Agent. If no default is continuing under the Agreement, the Note, or this <br />Mortgage, the Paying Agent will cause said proceeds received by it to be applied in one or more of <br />the following ways as shall be directed in writing by the Company: <br /> <br />(a) The restoration ofthe Building or other improvements located on the <br />Land to substantially the same condition as they existed prior to the exercise of the <br />said power of eminent domain; or <br /> <br />(b) The acquisition by construction or otherwise, by the Company of other <br />improvements suitable for the Company's operations at the Project (which <br />improvements shall be deemed a part of the Project) provided that such <br />improvements shall be acquired by the Company subj ect to no liens or encumbrances <br />prior to the lien of this Mortgage; or <br /> <br />(c) The partial prepayment of the Note and redemption of the principal <br />of any ofthe Bonds together with accrued interest thereon to the Date of Redemption <br />(as defined in the Agreement) and the applicable premium pursuant to the terms of <br />the Agreement; provided that no part of any such condemnation award may be <br />applied for such prepayment unless (i) all of the Bonds are to be redeemed in <br />accordance with the Agreement; or (ii) in the event that less than all of the Bonds are <br /> <br />8 <br />