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20.002498 <br />condemnation award shall be insufficient to repair, restore and rebuild the <br />Premises, Grantor has deposited with Beneficiary such amount of money which, <br />together with the insurance proceeds or condemnation award, shall be sufficient to <br />restore, repair and rebuild the Premises, as determined by Beneficiary in its sole <br />discretion; and <br />(iii) prior to each disbursement of any such proceeds held by <br />Beneficiary in accordance with the terms of this paragraph 244 for the cost of any <br />repair, restoration or rebuilding, Beneficiary shall be furnished with a statement of <br />Beneficiary's architect (the cost of which shall be borne by Grantor), certifying <br />the extent of the repair and restoration completed to the date thereof, and that such <br />repairs, restoration, and rebuilding have been performed to date in conformity <br />with the plans and specifications approved by Beneficiary and with all statutes, <br />regulations or ordinances (including building and zoning ordinances) affecting the <br />Premises; and Beneficiary shall be furnished with appropriate evidence of <br />payment for labor or materials furnished to the Premises, and total or partial lien <br />waivers substantiating such payments. <br />(c) Prior to the payment or application of insurance proceeds or condemnation <br />award to the repair, restoration or rebuilding of the improvements upon the Premises to <br />the extent permitted in paragraph d or 7, as may be applicable, there shall have been <br />delivered to Beneficiary the following: <br />(i) a waiver of subrogation from any insurer with respect to Grantor or <br />the then owner or other insured under the policy of insurance in question; and <br />(ii) such plans and specifications, such payment and performance <br />bonds and such insurance, in such amounts, issued by such company or <br />companies and in such forms and substance, as are required by Beneficiary. <br />(d) In the event Grantor shall fail to restore, repair or rebuild the <br />improvements upon the Premises within a time deemed satisfactory by Beneficiary, <br />then Beneficiary, at its option, may commence and perform all necessary acts to <br />restore, repair or rebuild the said improvements for or on behalf of Grantor. In the <br />event insurance proceeds or condemnation award shall exceed the amount necessary to <br />complete the repair, restoration or rebuilding of the improvements upon the Premises, <br />such excess shall be applied on account of the unpaid principal balance of the Loans <br />irrespective of whether such balance is then due and payable. <br />(e) In the event Grantor commences the repair or rebuilding of the <br />improvements located on the Premises, but fails to comply with the conditions <br />precedent to the payment or application of insurance proceeds set forth in this <br />paragraph 24, or Grantor shall fail to restore, repair or rebuild the improvements upon <br />the Premises within a time deemed satisfactory by Beneficiary, and if Beneficiary does <br />not restore, repair or rebuild the said improvements as provided in subparagraph (d) <br />above, then such failure shall constitute an Event of Default. <br />18 <br />