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ARTICLE 4 <br />DAMAGE, DESTRUCTION OR CONDEMNATION <br />Section 4.1 Awards and Damages. <br />All judgments, awards of damages, settlements and compensation made in connection <br />with or in lieu of (1) taking of all or any part of or any interest in the Property by or under <br />assertion of the power of eminent domain, (2) any damage to or destruction of the Property or in <br />any part thereof by insured casualty, and (3) any other injury or damage to all or any part of the <br />Property (collectively, the "Funds") shall be used to repair or restore the Property, but if the <br />property cannot be repaired or restored such 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 foregoing, the Beneficiary shall release the <br />Funds to Trustor to be used to reconstruct the improvements on the Property provided that <br />Beneficiary reasonably determines that Trustor (taking into account the Funds and any other <br />amounts made available to Trustor) has sufficient funds to rebuild the improvements in <br />substantially the form they existed prior to the casualty or condemnation. <br />ARTICLE 5 <br />AGREEMENTS AFFECTING THE PROPERTY; FURTHER <br />ASSURANCES; PAYMENT OF PRINCIPAL AND INTEREST <br />Section 5.1 Other Agreements Affecting Property. <br />The Trustor shall duly and punctually perform all terms, covenants, conditions and <br />agreements binding upon it under the Loan Documents and any other agreement of any nature <br />whatsoever now or hereafter involving or affecting the Security or any part thereof. <br />Section 5.2 Agreement to Pay Attorneys' Fees and Expenses. <br />In the event of any Event of Default (as defined in Section 7.1) hereunder, and if the <br />Beneficiary should employ attorneys or incur other expenses for the collection of amounts due or <br />the enforcement of performance or observance of an obligation or agreement on the part of the <br />Trustor in this Deed of Trust, the Trustor agrees that it will, on demand therefor, pay to the <br />Beneficiary the reasonable fees of such attorneys and such other reasonable expenses so incurred <br />by the Beneficiary; and any such amounts paid by the Beneficiary shall be added to the Secured <br />8 <br />