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20�00�9�7 Section 3.07. Maintenance of Trust Estate. The Grantor will at all times maintain and presexve the Trust Estate and each and every material part and parcel thereof in good repair, working order and condition, ordinary wear and tear excepted, and in material cornpliance with all applicable laws, ordinances, regulations, and requirements, and will from tirne to time make all needed and proper r�pairs, renewals, and replacements, and useful and proper alterations, additions, betterments and unprovements, and will, subject to contingencies beyond its reasonable control, at all times keep its plant and properties in continuous operating condition and use all reasonabl� diligence to furnish the consumars served by it through the Trust Estate, or any part thereof with adequate services furnished by the Grantor. Section 3.p8. Insurance; Restaration of Damaged Trust Estate. The Grantor will maintain insurance as required by the Debt Instruments. In the event of damage to or the destruction or loss df any portron of the Trust Estate, unless the Beneficiary shall vtherwise agree, the Grantar shall replace ar restore such damaged, destroyed or lost portian so that the Trust Estate shall be in substantially the same condition as it was in priar to such damage, destruction or loss. Frovided no Potential Default or Event of Default then exists, th� Bene�ciary shall provide to the Grantar any insurance proceeds received by the Beneficiary upon such reasonable terms and cnnditions as the Beneficiary may require to eilsure that such praceeds are used for the foregoing purpose and that such required replacement or restoration will be completed. The Grantor shall replace the lost portion of the Trust Estate or shall commence such restoration pramptly after such damage, destruction or loss shall have occurred and shall complete such replacement or restoration as expeditiously as practicable, and shal] pay or cause to be paid, out of the proceeds af such insurance or otherwise, all costs and expenses in cQnnection therewith so that such replacement or restoration shall be so completed that the portion of the Trust Estate sa replaced or restored shall be free and clear of all Liens, except for Permitted Encumbrances. At the request of the Beneficiary, the Grantor shall exercise such rights and remedies which it may have under any insurance policy or fidelity bond and which may be designated by the B�neficiary, and the Grantor hereby irrevocably appoints the Beneficiary as its agent to exercise such rights and remedies under any insurance policy or bond as the Bene�ciary may choose, and the Grantor shall pay all reas�nable costs and expenses incurred by the Bene�ciary in connection with such exercise. Section 3.09. Bene�ciary Right to Expend Money to Protect Trust Estate. From time to tirne, the Beneficiary rnay, in its sole discretion, but sh,all not be obligated to, advance funds on behalf of the Grantor, in order to �nsure compliance with any covenant or agreexnent of the Grantor made in or pursuant ta this Deed of Trust or any of the Debt Instruments, to preserve or protect any right ar interest of the Beneficiary in the Trust Estate or under or pursuant to this Deed of Trust or any of the Debt Instruments, including, without lirnitation, the payment of any insurance premiums ar taxes and the satisfaction ar discharge of any judgrnent or any Lien upon the Trust Estate or ather property or assets of the Grantor (other than Permitted Encumbrances); provided, however, that the making of any such advance by the Beneficiary shall not canstitute a waiver by the Bene�ciary of any Event of Default with respect to 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 rate equal at all tim�s to 4% per annum above the then applicable Weekly Reset LIBOR Rate. 6