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�: ��m��co��E .�: <br />�0�.105534�� �0�1049�.3 <br />impairment liability coverage, nucleaz reaction or radioactive contamination coverage and/or earthquake coverage, <br />which hazards or risks at the time are commonly insured against, and provided such insurance is generally available, <br />for property similarly situated, due regard being given to the height and type of building, its construction, use and <br />occupancy. <br />Except as herein expressly pmvided otherwise, all policies of insurance required under this Section 2.1(d) <br />shall be issued by companies, and be in form, amount, and content and have an expiration date, approved by <br />Beneficiary and as to the policies of insutance required under subparagraph (1) of this Section 2.1(d), shall contain a <br />Standard Non Contributory Mortgagee Clause or Lender's Loss Payable Endorsement, or equivalents thereof, in <br />form, scope and substance sarisfactory to Beneficiary, in favor of Beneficiary, and as to policies of insurance <br />required under subparagraph (1) of this Section 2.1(d), shall provide that the proceeds thereof ("Insurance <br />Proceeds") shall be payable to Beneficiary. Beneficiary shall be fumished a certificate of each policy required <br />herewnder, which policy shall provide that the issuing company shall endeavor to norify Beneficiary in writing at <br />least thirty (30) days' prior to cancellation or modification of the policy. If requested by Beneficiary, Trustor shall <br />also furnish to Beneficiary a copy of each such policy. At least thirty (30) days prior to expiration of any policy <br />required hereunder, Trustor shall furnish Beneficiary appropriate proof of issuance of a policy continuing in force <br />the insurance covered by the policy so expiring. Trustor shall furnish Beneficiary receipts for the payment of <br />premiums on such insurance policies or other evidence of such payment reasonably satisfactory to Beneficiary in the <br />event that such premiums have not been paid to Beneficiary pursuant to the terms of this Deed of Trust. In the event <br />that Trustor does not deposit with Beneficiary a new policy of insurance with evidence of payment of premiums <br />thereon at least thirty (30) days prior to the expiration of any policy, then Beneficiary may, but shall not be obligated <br />to, procure such insurance and pay the premiums therefor and any money paid by Beneficiary for such premiums <br />sha11 be reimbursed to Beneficiary in accordance with the terms of this Deed of Trust. <br />In the event of the foreclosure of this Deed of Trust or other transfer of the ritle to the Mortgaged�Property <br />in extinguishment, in whole or in part, of the Obligations, all right, title and interest of Tnastor in and to any <br />insurance policy, or premiums paid in connection with such policy or payments in satisfaction of claims or any other <br />rights thereunder then in force, sha11 pass to the purchaser or grantee. Nothing contained herein shall prevent <br />accrual of interest as provided in the Note on any portion of the Obligations to which the Insurance Proceeds are to <br />be applied until such time as the Insurance Proceeds are actually received by Beneficiary and applied by Beneficiary <br />to reduce the Obligations secured by this Deed of Trust. All of such insurance shall be subject to such deductibles <br />as are approved by Lender. <br />(e) Reserve for Insurance, Taaes and Assessments. [Intentionally omitted]. <br />(fl Eminent Domain and Condemnation. Trustor shall norify Beneficiary immediately of any <br />threateaed or pending proceeding for eminent domain or condemnation affecting the Mortgaged Property or arising <br />out of damage to the Mortgaged Property, and Trustor shall, at Trustor's expense, diligently prosecute any such <br />proceedings. Beneficiary shall have the right (but not the obligation) to participate in any such proceeding and to be <br />represented by counsel of its own choice. Beneficiary shall be enritled to receive all sums which may be awarded or <br />become payable to Trustor for the condemnation of the Mortgaged Property, or any part thereof, for public or quasi- <br />public use, or by virtue of private sale in lieu thereof, and any sums which may be awarded or become payable to <br />Trustor for injury or damage to the Mortgaged Property. Trustor shall, promptly upon request of Beneficiary, <br />execute such additional assigrunents and other documents as may be necessary from time to rime to permit such <br />participation and to enable Beneficiary to collect and receipt for any such sums. All such sums are hereby assigned <br />to Beneficiary, and shall, after deduction therefrom of a11 reasonable expenses actually incurred by Beneficiary, <br />including attomeys' fees, at Beneficiary's option be (1) released to Trustor, or (2) applied (upon compliance with <br />such terms and conditions as may be required by Beneficiary) to repair or restoration of the Mortgaged Property so <br />affected, or (3) applied to the payment of the Obligations in such order and manner as Beneficiary, in its sole <br />discretion, may elect whether or not due. In any event the unpaid portion of the Obligations shall remain in full force <br />and effect and the payment thereof shall not be excused. Beneficiary shall not be, under any circumstances, liable or <br />resgonsible for failure to collect or to exercise diligence in the collection of any such sum or for failure to see to the <br />proper application of any amount paid over to Trustor. Beneficiary is hereby authorized, in the name of Trustor, to <br />execute and deliver valid acquittance for, and to appeal from, any such award, judgment or decree. All costs and <br />expenses (including but not limited to attomeys' fees) incurred by Beneficiary in connection with any condemnation <br />DOCS/1045503.1 <br />