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` ,l ri ":: Secured Obligations. Unless Grantor and such Beneficiary agree to other terms of payment, such amounts shall be payable upon notice from Beneficiary to Grantor requesting payment thereof and shall bear interest from the date of disbursement at the Default Rate unless collection from Grantor of interest at such rate would be contrary to Applicable Law, in which event such amounts shall bear interest at the highest rate which may be collected from Grantor under Applicable Law. Grantor shall have the right to prepay such amounts in whole or in part at any time. Nothing contained in this Paragraph 8 shall require Beneficiary to incur any expense or do any act. 9. Condemnation. If the Property or any portion thereof (the loss of which shall have, in the sole but reasonable judgment of the Beneficiary, a material impact on the use, operation or value of the Property) shall be damaged or taken through condemnation (which term, when used in this Deed of Trust, shall include any damage or taking by any Governmental Authority, quasi - governmental authority, any Person having the power of condemnation, or any transfer by private sale in lieu thereof), either temporarily or permanently, then the Property shall no longer constitute Eligible Real Estate under the Loan Agreement. Except during the continuance of any Event of Default, Grantor shall have the right to commence, appear in and prosecute any action or proceeding relating to any condemnation or other taking of the Property and to settle or compromise any claim in connection with such condemnation or other taking, provided that no settlement thereof shall be made without the prior consent of Beneficiary. Grantor hereby irrevocably makes, constitutes and appoints Beneficiary (and all officers, employees or agents designated by Beneficiary), exercisable after the occurrence and during the continuance of an Event of Default, to commence, appear in and prosecute, in Beneficiary's name or Grantor's name, any action or proceeding relating to any condemnation or other taking of the Property and to settle or compromise any claim in connection with such condemnation or other taking. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation, or other taking of the Property, or part thereof, or for conveyances in lieu of condemnation, are hereby assigned to Beneficiary. Grantor authorizes Beneficiary to apply such awards, proceeds or damages, after the deduction of Beneficiary's expenses incurred in the collection of such amounts, in the manner provided in the Loan Agreement. Grantor agrees to execute such further assignment of any awards, proceeds, damages or claims arising in connection with such condemnation or injury that Beneficiary may require. 10. Grantor and Lien Not Released. From time to time, without affecting the obligation of Grantor or Grantor's successors or assigns to pay the Secured Obligations and to observe the covenants of Grantor contained in this Deed of Trust and the other Loan Documents, and without affecting the guaranty of any Person, for payment or performance of the Secured Obligations, and without affecting the Lien or priority of Lien of this Deed of Trust on the Mortgaged Property, Beneficiary may, at Beneficiary's option, without giving notice to or obtaining the consent of Grantor, Grantor's successors or assigns or of any other 11 MA