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<br />I" <br /> <br />for failure to collect, <br />of, any Awa cds. <br /> <br />1020.13 <br />diligence8~he collection <br /> <br />or exercise <br /> <br />6.5 Holder shall be entitled to receive any and all <br />proceeds of all insurance or other remuneration or <br />reimbursement (~Casualty Proceeds") that may become payable <br />with respect to the Mortgaged Property, or any part thereof, <br />and, unless otherwise required pursuant to the terms of Leases <br />in effect on the date hereof, at its option, may use the same <br />to rebuild or restore. or cause Trustor to rebuild or restore, <br />the improvements on the Mortgaged Property, to the same or <br />s imi la r condi t ion as p rev ious to the casua 1 ty (the "Casua 1 ty") , <br />or may apply the same to the Secured Indebtedness in the order <br />and manner set forth in Section 4.9 hereof, whether then <br />matured or to mature in the future, and may deduct therefrom <br />any expenses incur red in connect ion wi th the co llect ion 0 r <br />handling of such proceeds. In the event that Holder elects to <br />apply any Casualty Proceeds to the repair, rebuilding or <br />restoration of the Mortgaged Property, then Trustor shall <br />deliver or cause to be delivered to Holder any Casualty <br />Proceeds not prev i ous ly de 1 i vered to Ho Ider plus such <br />additional amounts which will be ,1eCessary to repair, rebuild <br />or restore the Mortgaged Property (such addi tional amounts to <br />be determined by an architect or engineer reasonably acceptable <br />to Holder). Trustor shall immediately commence to repair, <br />rebuild and restore the Mortgaged Property and shall diligently <br />pursue the repairing, rebuilding and restoration of the <br />Mortgaged Property to a condition substantially equivalent to <br />its condition prior to the Casualty. Casualty Proceeds held by <br />Holder after the payment of all costs and expenses incurred in <br />repairing, rebuilding and restoring the Mortgaged Property <br />shall be applied to the Secured Indebtedness. All Casualty <br />Proceeds are hereby assigned to Holder, and Trustor shall, upon <br />request of HOlder, make, execute, aCknOWledge and deliver any <br />and all additional assignments and documents as may be <br />necessary from time to time to enable Holder to collect and <br />receipt for any Casualty Proceeds. Holder shall not be, under <br />any ci rcumstances, Ii able or res pons i b Ie for fa i lu re to <br />collect, or exercise diligence in the collection of, any <br />Casualty Proceeds. <br /> <br />6.6 Upon the request of Holder, Trustor shall create a <br />fund or reserve for the payment of all insurance premiums, <br />taxes and assessments against the Mortgaged Property by paying <br />to Holder, or, at the option of the Holder, to an escrow <br />account at any bank or other financial institution of Holder's <br />choice, contemporaneously with each installment of principal <br />and interest on the note, a sum equal to the premiums that will <br />next become due and payable on the hazard insurance pOlicies <br />covering the Mortgaged Property, or any part thereof, plus <br /> <br />- 13 - <br /> <br />L <br /> <br />L <br /> <br />~---~ <br /> <br />~ <br /> <br />, <br />'" <br />h <br />