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201005559 Grantor of any claim under such insurance policies, which approval shall not be unreasonably withheld, and Grantor hereby authorizes Beneficiary, in the event Grantor does not enter into an approved settlement within one hundred twenty (120) days of the date of such. loss or is not, in Beneficiazy's opinion, diligently procuring the same, to settle and compromise all claims on such policies. . (2) All proceeds of insurance maintained pursuant to Section 3.08(E)(1) above shall be paid to the Beneficiary and shall be applied first to the payment of all costs and expenses incurred by the Beneficiary in attaining such proceeds, and second at Beneficiary's option, either to the reduction of the Obligations hereby secured, without prepayment penalty as hereinafter provided, or charge as hereinafter provided, or to the restoration or repair of the Trust Estate without affecting the lien of this Deed of Trust. or the Qbligations, and the Beneficiary hereunder, is authorized at its option to compromise and settle all loss claims on said policies. (3) If Beneficiary elects to make available said proceeds of insurance far restoration or repair, it shall do so on such terms as are reasonably required by F3eneficiary which may include: (a) safeguards and controls to ensure the work is done in a workmanlike manner and in accordance with approved plans; (b) disbursements of proceeds through a title Company or other escrow agent to ensure proper receipt of all lien waivers and the continued priority of this Deed of Trust lien; (c) retention of ]0% of all hard costs until completion of the work; (d) satisfactory evidence that the proceeds are sufficient to pay all "hard" and "soft" costs ~of restoration; (e) all leases of the 'Trust Estate in effect immediately prior to such damage. will remain in full farce and effect, subject only to abatement of rent during the repair period; (f) no default or Events of Default exists hereunder; and (g) the repair or restorationts performed under the supervision of an architect acceptable to Beneficiary and pursuant to plans and specifications approved in writing by Beneficiary. Any surplus which remains after payment of all casts of restoration or repair shall at Beneficiary's option be applied to the Qbligations, without prepayment premium, or shall be returned to Grantor, as its interest may appeaz. (4) Nothing contained in this section shall relieve the Grantor under any circumstances of Grantor's obligation to repair, restore and reconstruct any portion of the Trust Estate damaged by casualty loss or taken by condemnation proceedings. Section 3.U9. Beneficiary Right to Expend Money to Protect Trust Estate. From time to time, the Beneficiary may, in its sole discretion, but shall not be obligated to, advance funds an behalf of the Grantor, in order to ensure compliance with any covenant or agreement of the Grantor made in or pursuant to this Decd of Tntst or any afthe Credit Agreements, to preserve or protect any right or interest of the Benc~ciary in the Trust Estate or under or pursuant to this Deed of Trust or any of the Credit Agreements, including, without limitation, the payment of any insurance premiums or taxes and the satisfaction or discharge of any judgment ar any Lien upon the Trust Estate or other property or assets of the Grantor (other than Permitted Encumbrances); provided, however, that the making of any such advance by the Beneficiary shall not constitute a waiver by the Beneficiary of any Event of Default with respect tp which such advance is made nor excuse the Grantor from any performance required hereunder. The- Grantor shall pay to the Beneficiary upon demand all such advances made by the Beneficiary with interest thereon at a 9