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~ ~ t r f.' r , 51. ~. 88-10002t.1; payment will be sufficient on completion of the Restoration to pay for the same in full (giving in reasonable detail, an estimate by trade of the remaining costs of completion); r: ~ it ~. ~' (ii) Each request for payment shall be accom- panied by an Opinion of Counsel, or by a title commitment with such coverages as Beneficiary may require issued by a title insurer acceptable to Beneficiary, stating that (a) all Liens covering that part of the Restoration previously paid for, if any, have been waived and (b) there has not been filed with respect to all or any parts of the Mortgaged Property any Lien, not dis- charged of record, in respect of any part of the Restoration; and (iii) The final request for any payment after the Restoration has been completed shall be accompanied by an Opinion of Counsel listing all certificates, permits, licenses, waivers, other documents, or any combination of the foregoing required by law in connection with or as a result of such Restora- tion and stating that all of the same have been obtained. In the event there shall be any surplus after application of the Net Award or the Net Proceeds to Restoration of the Premises, such surplus shall belong and be paid to Beneficia- ry, to be credited against the amounts outstanding in respect of the Loan in accordance with the applicable provisions of the Loan Agreement. 1.12.5 Interest. For so long as Beneficiary shall be in possession of any Net Award or Net Proceeds, the same shall be invested by Beneficiary, as soon as practicable, in Permitted Investments (as defined in the Loan Agreement). Provided no Event of Default shall have occurred and be continuing, interest on Net Proceeds or Net Awards shall belong and be paid to Mortgagor. Following the occurrence and during the continuation of an Event of Default, interest on Net Proceeds or Net Awards shall be paid to Beneficiary, subj ect to such terms and conditions as are set forth in the Loan Agreement. SECTION 1.13 Operating Agreements. Mortgagor shall provide to Beneficiary, from time to time as requested by Benefi- ciary, certified copies of every management, operating and other similar agreement covering all or substantially all of the Premis- es. Each such agreement shall be in form and substance acceptable to Beneficiary and shall be subordinate and subject to the Lien of this Deed of Trust. SECTION 1.14 Alterations. Subject to the provisions of the Underlying Lease, Mortgagor shall have the right to make any and all additions, modifications or changes (each, an "Altera- tion") to the Premises in an amount less than or equal to $10,000.00 without Beneficiary's prior written consent as may be deemed necessary or desirable by Mortgagor; provided, however, that Mortgagor shall (i) complete all Alterations promptly, in a good and workmanlike manner and in compliance with all applicable -17- L L L r--- ~ .., l