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<br />200803090 <br /> <br />or conveyance in lieu of foreclosure of the liens and security interests securing any Secured Obligation). <br />or at such earlier time as Beneficiary in its discretion may elect, the balance of all amounts collected and <br />in Beneficiary's possession shall be paid to Trustor, and no other party shall have any right of claim <br />thereto. <br /> <br />4.7 Damaaes: Insurance and Condemnation Proceeds. <br /> <br />a) (i) All awards of damages and all other compensation payable directly or indirectly by reason of a <br />condemnation or proposed condemnation (or transfer in lieu thereof) for public or private use <br />affecting the Subject Property; (ii) all other claims and awards for damages to or decrease in value <br />of the Subject Property; (iii) all proceeds of any insurance policies payable by reason of loss <br />sustained to the Subject Property; and (iv) all interest which may accrue on any of the foregoing, <br />are all absolutely and irrevocably assigned to and shall be paid to Beneficiary. At the absolute <br />discretion of Beneficiary, whether or not its security is or may be impaired, but subject to applicable <br />law if any, and without regard to any requirement contained in any other Section hereof, <br />Beneficiary may apply all or any of the proceeds it receives to its expenses in settling, prosecuting <br />or defending any such claim and apply the balance to the Secured Obligations in any order, and <br />release all or any part of the proceeds to Trustor upon any conditions Beneficiary may impose. <br />Beneficiary may commence, appear in, defend or prosecute any assigned claim or action, and may <br />adjust, compromise, settle and collect all claims and awards assigned to Beneficiary; provided <br />however, that in no event shall Beneficiary be responsible for any failure to collect any claim or <br />award, regardless of the cause of the failure. <br /> <br />b) At its sole option, Beneficiary may permit insurance or condemnation proceeds held by Beneficiary <br />to be used for repair or restoration but may impose any conditions on such use as Beneficiary <br />deems necessary. <br /> <br />4.8 Maintenance and Preservation of Subiect ProDerty. Subject to the provisions of any Secured <br />Obligation, Trustor covenants: <br /> <br />a) to keep the Subject Property in good condition and repair; <br /> <br />b) except with Beneficiary's prior written consent, not to remove or demolish the Subject Property, nor <br />alter, restore or add to the Subject Property, nor initiate or acquiesce in any change in any zoning <br />or other land classification which affects the Subject Property; <br /> <br />c) to restore promptly and in good workmanlike manner any portion of the Subject Property which <br />may be damaged or destroyed, unless Beneficiary requires that all of the insurance proceeds be <br />used to reduce the Secured Obligations as provided in the Section hereof entitled Damages: <br />Insurance and Condemnation Proceeds; <br /> <br />d) to comply with and not to suffer violation of any or all of the following which govern acts or <br />conditions on. or otherwise affect the Subject Property: (i) laws, ordinances, regulations, standards <br />and judicial and administrative rules and orders; (ii) covenants, conditions. restrictions and <br />equitable servitudes, whether public or private; and (iii) requirements of insurance companies and <br />any bureau or agency which establishes standards of insurability; <br /> <br />e) not to commit or permit waste of the Subject Property; and <br /> <br />f) to do all other acts which from the character or use of the Subject Property may be reasonably <br />necessary to maintain and preserve its value. <br />