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<br />200804918 <br /> <br />or disbursements. Mortgagor shall deliver all Condemnation proceeds to Mortgagee within five <br />(5) days of receipt thereof and shall at Mortgagee's request direct the condemning authority to <br />deliver the Condemnation proceeds to Mortgagee. The Condemnation proceeds or any part <br />thereof shall be made available to Mortgagor for the restoration or repair of the Premises unless <br />Mortgagor is in default under this Deed of Trust or the Note. In the event Mortgagor is in default <br />under this Deed of Trust or the Note, and Mortgagee does not make Condemnation proceeds <br />available for restoration and applies the Condemnation proceeds to payment of debt,. the monthly <br />installment payments of principal and interest set forth in the Note shall be adjusted to an amount <br />sufficient to reamortize the then unpaid principal balance of the Note together with interest in <br />equal monthly installment payments over the then remaining portion of the original amortization <br />period. <br /> <br />5.3 Disbursement ofInsurance and Condemnation Proceeds. <br /> <br />Should any insurance or Condemnation proceeds be applied to the restoration or repair of <br />the Premises in accordance with this Article 5, the restoration or repair shall be done under the <br />supervision of an architect acceptable to Mortgagee (or, at Mortgagee's discretion, an engineer <br />acceptable to Mortgagee) and pursuant to site and building plans and specifications approved by <br />Mortgagee. The proceeds from insurance or Condemnation, after payment of costs and expenses <br />of collection (''Net Proceeds"), shall be held by Mortgagee for such purposes and will from time <br />to time be disbursed by Mortgagee to defray the costs of such restoration or repair under such <br />safeguards and controls as Mortgagee reasonably may require and in accordance with standard <br />construction loan procedures. Net Proceeds may at the option of Mortgagee be disbursed <br />through a title insurance company selected by Mortgagee and at the sole cost of Mortgagor. <br />Prior to making Net Proceeds available for the payment of costs of repair or restoration of the <br />improvements upon the Premises, Mortgagee shall be entitled to receive the following: <br /> <br />(a) Evidence that no Event of Default exists under any of the terms, covenants and <br />conditions of this Deed of Trust, the Note, or other Loan Documents. <br /> <br />(b) Evidence that all leasing requirements for the Premises as established by <br />Mortgagee have been met. <br /> <br />(c) Satisfactory proof that all improvements have been fully restored, or that the <br />expenditure of Net Proceeds will be sufficient to repair, restore or rebuild the <br />improvements located on the Premises, free and clear of all liens, except the lien <br />of this Deed of Trust. In the event Net Proceeds shall be insufficient to repair, <br />restore or rebuild the improvements, Mortgagor shall deposit with Mortgagee <br />funds equaling such deficiency, which, together with the Net Proceeds, shall be <br />sufficient to pay for restoration, repair and rebuilding the Premises. <br /> <br />(d) A statement of Mortgagor's architect, certifying the extent of the repair and <br />restoration completed to the date thereof, and that such repair, restoration and <br />rebuilding have been performed to date in conformity with the plans and <br />specifications that have been approved by Mortgagee, together with appropriate <br /> <br />16 <br /> <br />Doc# 2675364\2 <br />