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200804918 evidence of payment for labor or materials furnished to the Premises, and total or partial lien waivers substantiating such payments. (e) A waiver of subrogation from any insurer to the effect that such insurer has no liability as to Mortgagor or the then owner or other insured under the policy of insurance in question. (f) Such performance and payment bonds, and such insurance, in such amounts, issued by such company or companies and in such forms and substance, as are required by Mortgagee. (g) Satisfactory evidence is delivered to Mortgagee that the improvements can be rebuilt substantially to the same condition as those originally financed and can with restoration and repair continue to be operated for the purposes utilized prior to such damage which shall include evidence that zoning, building and other necessary permits and approvals have been obtained. (h) Evidence that the appraised value of the Premises after such restoration or repair shall not be less than its appraised value as of the date hereof. (i) Evidence of fulfillment of all other requirements which Mortgagee may make in connection with repair of the improvements on the Premises. In the event Mortgagor shall fail to restore, repair or rebuild the improvements upon the Premises within a reasonable time, then such failure shall constitute an Event of Default hereunder and Mortgagee, at its option and upon not less than thirty (30) days written notice to Mortgagor, may in addition to its remedies contained in Article 8 hereof (i) restore, repair or rebuild the said improvements for or on behalf of Mortgagor and for such purpose, may perform all necessary or appropriate acts to accomplish such restoration, repair or rebuilding, or (ii) apply all or any part of Net Proceeds on account of the last maturing installments of the Indebtedness whether then due or not. In the event Net Proceeds shall exceed the amount necessary to complete the repair, restoration, or the rebuilding of the improvements upon the Premises, such excess may, atMortgagee's option, be applied on account of the last maturing installments of the Indebtedness, irrespective of whether such installments are then due and payable, or be returned to Mortgagor. 6. LEASES AND RENTS 6.1 Leases. Mortgagor will, at its own cost and expense, perform, comply with and discharge all of the obligations of Mortgagor under any leases and use commercially reasonable efforts to enforce or secure the performance of each obligation and undertaking of the respective tenants under any such leases and will appear in and defend, at its own cost and expense, any action or proceeding arising out of or in any manner connected with Mortgagor's interest in any leases pertaining to the Premises. Mortgagor will not modify, extend, renew, terminate, accept a surrender of, or in any way alter the terms of the leases except in the ordinary course of business 17 Doc# 2675364\2