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r' 86.- 101545 prior written notice to the Agent, attached thereto in favor of the Agent, its successors and assigns. The Mortgagor agrees that after the occurrence of a Default any loss paid to the Trustees or the Agent under any of such policies shall be applied, at the option of the Agent, toward the payment of the Notes or any of the Liabilities, or to the rebuilding or repairing of the damaged or destroyed Improvements or other Collateral, as the Agent in its sole and unreviewable discretion may elect (which election shall not relieve the Mortgagor of the duty to rebuild or repair). Prior to the.occurrence of a Default the Mortgagor may, at its option apply such proceeds to the repair, rebuilding, or replacement of the damaged or destroyed Improvements or other Collateral or to the repayment of the Liabilities. The Mortgagor hereby empowers the Agent, in its discretion, to settle, compromise and adjust any and all claims or rights under any insurance policy maintained by the Mortgagor relating to the Collateral. In the event of foreclosure of this Mortgage or other transfer of title to the Premises in extinguishment of the indebtedness secured hereby, all right, title and interest of the Mortgagor in and to any insurance policies then in force shall pass to the purchaser or grantee. Nothing contained in this Mortgage shall create any responsibility or obligation on the Trustees, the Agent or the Lenders to collect any amounts owing on any insurance policy or resulting from any condemnation, to rebuild or replace any damaged or destroyed Improvements or other Collateral or to perform any other act hereunder. 1.8. Eminent Domain. In case the Collateral, or any part or interest in any thereof, is taken by condemnation, the Agent is hereby empowered to collect and receive all compensation and awards of any kind whatsoever (referred to collectively herein as "Condemnation Awards ") which may be paid for any property taken or for damages to any property not taken (all of which the Mortgagor hereby assigns to the Trustees), and all Condemnation Awards so received shall be applied by the Trustee or the Agent in the same manner as provided for the application of insurance proceeds in the immediately preceding paragraph. The Mortgagor hereby empowers the Agent, in the Agent's absolute discretion without regard to the adequacy of its security, to settle, compromise and adjust any and all claims or rights arising under any condemnation or eminent domain proceeding relating to the Collateral or any portion thereof. 1.9. Governmental Requirements. The Mortgagor will at all times fully comply with, and cause the Collateral and the use and condition thereof fully to comply with, all -14- u