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<br />1908516.2 7 <br /> 3.3 Advances. In the event the Trustor shall fail to maintain the full insurance <br />coverage required by this Deed of Trust or shall fail to keep the Security in accordance with the <br />Loan Documents, the Beneficiary, after at least seven (7) days prior notice to Trustor, may (but <br />shall be under no obligation to) take out the required policies of insurance and pay the premiums <br />on the same or may make such repairs or replacements as are necessary and provide for payment <br />thereof; and all amounts so advanced therefor by the Beneficiary shall become an additional <br />obligation of the Trustor to the Beneficiary (together with interest as set forth below) and shall be <br />secured hereby, which amounts the Trustor agrees to pay on the demand of the Beneficiary, and <br />if not so paid, shall bear interest from the date of the advance at the lesser of ten percent (10%) <br />per annum or the maximum rate permitted by law. <br />ARTICLE IV <br />DAMAGE, DESTRUCTION OR CONDEMNATION <br /> 4.1 Awards and Damages. All judgments, awards of damages, settlements and <br />compensation made in connection with or in lieu of (1) taking of all or any part of or any interest <br />in the Property by or under assertion of the power of eminent domain, (2) any damage to or <br />destruction of the Property or in any part thereof by insured casualty, and (3) any other injury or <br />damage to all or any part of the Property (“Funds”) are hereby assigned to and shall be paid to <br />the Beneficiary by a check made payable to the Beneficiary. The Beneficiary is authorized and <br />empowered (but not required) to collect and receive any funds and is authorized to apply them in <br />whole or in part upon any indebtedness or obligation secured hereby, in such order and manner <br />as the Beneficiary shall determine at its sole option. The Beneficiary shall be entitled to settle <br />and adjust all claims under insurance policies provided under this Deed of Trust and may deduct <br />and retain from the proceeds of such insurance the amount of all expenses incurred by it in <br />connection with any such settlement or adjustment. All or any part of the amounts so collected <br />and recovered by the Beneficiary may be released to Trustor upon such conditions as the <br />Beneficiary may impose for its disposition. Application of all or any part of the Funds collected <br />and received by the Beneficiary or the release thereof shall not cure or waive any default under <br />this Deed of Trust. The rights of the Beneficiary under this Section 4.1 are subject to the rights <br />of any senior mortgage lender. Notwithstanding the provisions of this Section, the Beneficiary <br />shall release the Funds to Trustor to be used to reconstruct the improvements on the Property <br />provided that Beneficiary reasonably determines that Trustor has sufficient funds to rebuild. <br />ARTICLE V <br />AGREEMENTS AFFECTING THE PROPERTY; FURTHER <br />ASSURANCES; PAYMENT OF PRINCIPAL AND INTEREST <br /> 5.1 Other Agreements Affecting Property. The Trustor shall duly and punctually <br />perform all terms, covenants, conditions and agreements binding upon it under the Loan <br />Documents and any other agreement of any nature whatsoever now or hereafter involving or <br />affecting the Security or any part thereof. <br /> 5.2 Agreement to Pay Attorneys’ Fees and Expenses. In the event of any Event of <br />Default (as defined below) hereunder, and if the Beneficiary should employ attorneys or incur