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I ! ! , I t' li t. L 84 -00664-1 34. Omitted 35. That notwithstanding any provision herein to the contrary and in particular paragraph 4 hereof, in the event of any such loss or damage as therein described to the improvements upon the mortgaged premises, it is hereby understood, covenanted and agreed that the Mortgagee shall make the proceeds received under any such insurance policies as therein described available for the restoration of the improvements so damaged, subject to the following conditions: fiiT-tnal;-rrort:i;llHlt:lr-'i-51Ior-t!1en--:m---drl7iU'tt'--urn:in--my"'l:)f" thIlF"" terms, covenants and conditions hereof, after applicable grace periods; (b) that all then existing leases affected in any way by such damage or destruction shall continue in full force and effect; (c) that Mortgagee shall first be given satisfactory proof that such improvements have been fully res't:ored or that by the expenditure of such money will be fully res't:ored, free and clear of all liens, except as to the lien of this Mortgage; (d) that in the event such proceeds shall be insufficient to restore or rebuild the said improve- ments, Mortgagor shall deposit promptly with Mortgagee funds which, together with the insurance proceeds, shall be sufficient to restore and rebUl1d the Bald premlses; (e) that in the event Mortgagor shall fail within a reasonable time, subject to delays beyond its control, to restore or rebuild the said improvem~nts, then Mortgagee, at its option, may restore or rebuild the improvements, for or on behalf of the Mortgagor and for such purpose may do all necessary acts; (f) that waiver of the rlght of subrogation shall be obtained from any ins'lrer '.l:lder such policielli of insurance who, at that time, claims that no liability exists as to the Mortgagor or the then owne%~ or the .uisured under such policies; (g) that the excess of said insurance proceeds above the amount necelSsary to c:or:lplete such restoration shall be applied without prepayment premium as hereinbefore provided as a credit upon any portion, as selected by Mort9agee, of the indebtedness liecured hereby; and (h) that the aggregate minimum monthly rental payable thereafter under all leases within the ;nol:tgaged premiselll shall not be less than the sum of: 1/12t:h of the ;'.rmual Rent under the Ground Lease, 1/12th of the a~nual taxes and assessments thereon, 1/12th of the annual premlums for insurance required hereunder and the monthly installments of principal and interest required to be repaid upon the indebtedness eVidenced by the Note secured hereby, or otherwise if less than such sum. then 50 much of the insurance proceeds IlIhall first be applied upon the said indebtedness, so that upon payment monthly of an amount equal to such ag"1regat:e monthly mHl1mum rentals, when applied "-f1- / ...J